ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  30 March 2020

	DOCKET NUMBER:  AR20190004426


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), dated 17 April 2004 to reflect the rank of Sergeant 
(SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Appreciation 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states that the rank on his DD Form 214 reflects Specialist 
(SPC)/E-4.  Prior to being discharged from the Texas Army National Guard 
(TXARNG) he was promoted to E-5.  

3.  A review of the applicant’s available service records reflects the following:

   a.	On 11 October 1995 he enlisted in the Army and was ordered to active duty. 
   
   b.	On 10 October 1998 he was released from active duty at the rank of SPC and 
transferred into the Army Reserve (Reinforcement). 

   c.	On 16 May 2000 he enlisted in the Army National Guard.

   d.	On 24 January 2003 he was again ordered to active duty in support of 
Operation Enduring Freedom at the rank of SPC.

   e.	On 17 April 2004 he was released from active duty.  His NGB Form 22 
(Report of Separation and Record of Service) reflects the rank of SGT with a                       
1 March 2004 date of rank. 

   f.	On 10 September 2004 (Order# 254-1068) he was honorably discharged 
from the TXARNG at the rank of SGT effective 17 July 2004.  

4.  The applicant provides a Certificate of Appreciation, not dated, which was 
awarded to him for his service in Kuwait and Baghdad.  The rank reflected on this 
document is SGT.  He states the copy of the certificate was all he received after his 
promotion to SGT.  Presentation of the certificate took place in San Antonio upon his 
return from his deployment.

5.  The applicant did not submit nor does a review of his available service records 
reflect promotion orders to the rank of SGT.  However, his available electronic 
military record provides supporting information consistent with the date of rank on 
his NGB Form 22.

6.  See all applicable regulatory guidance below under REFERENCES. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, his 
record of service, his order to active duty, the absence of promotion orders, 
evidence of his rank as SGT and date of rank appearing in his records and his rank 
as reflected when discharged.  Based on a preponderance of evidence, the Board 
determined that a correction to the applicant’s rank on a DD Form 214 was required.

2.  After reviewing the application and all supporting documents, the Board found 
that relief was warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by amending the DD 
Form 214 for the period ending 17 April 2004 to reflect in items 4a. (Rank) and 4b. 
(Pay Grade) - “SGT” and “E5” vice “SPC” and “E4” respectively.



	  
I certify that herein is recorded the true and complete record of the proceedings of 
the Army Board for Correction of Military Records in this case.




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 635-8 (Personnel Separations – Separation Processing 
Documents) provides the DD Form 214 (Armed Forces of the United States Report 
of Transfer or Discharge) is a summary of the Soldier’s most recent period of 
continuous active duty.  It provides a brief, clear-cut record of all current active, prior 
active, and prior inactive duty service at the time of retirement or discharge.                    
DD Form 214 will be prepared for Reserve component Soldiers to include Army 
National Guard Soldiers completing 90 days or more of continuous active duty or 
Reserve component Soldiers completing active duty that results in the award of a 
military occupational specialty, even when the active duty period was less than 90 
days.  Source documents will consist of DA Form 20 and all available records when 
preparing a DD Form 214.  

3.  Army Regulation 635-5 (Separation Documents) states that the DD Form 214 will 
reflect the conditions and circumstances that existed at the time the records were 
created.  The purpose of the separation document is to provide the individual with 
documentary evidence of his or her military service at the time of release from active 
duty, retirement, or discharge.  It is important that information entered on the form be 
complete and accurate and reflects the conditions as they existed at the time of 
separation.

4.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states that 
promotions to Sergeant (SGT) through Sergeants Major (SGM) will be announced 
on orders.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190010821

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