IN THE CASE OF: BOARD DATE: 5 October 2020 DOCKET NUMBER: AR20180004450 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * in item 4a (Grade, Rate, or Rank) Sergeant First Class (SFC) in lieu of Private (PV1) * item 4b (Pay Grade) E07 in lieu of E01 * item 12i (Effective Date of Pay Grade) 1 March 2011 in lieu of 24 June 2016 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Involuntary Separation * DD Form 24 * Enlisted Record Brief (ERB) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 he was separated at the rank/grade of SFC/E7 which is substantiated by the involuntary separation which he provided for the Board's consideration. His DD Form 214 should be updated to match his correct rank at the time of separation. 3. The applicant’s service record contain the following documents for the Board's consideration: a. A memorandum from the Office of the Assistant Secretary Manpower and Reserve Affairs, dated 24 June 2016, which directed the applicant to be separated from the Army in the rank of SFC with a General (Under Honorable Conditions) discharge. b. Orders 242-1331, published by Headquarters United States Army Garrison, Fort Sill, dated 29 August 2016, which shows the applicant was being discharged from the Army effective 29 August 2016. His rank on the orders was listed as PV1. c. A DD Form 214, for the period ending 30 August 2016, which shows the applicant was in the rank of PV1 and was discharged for Misconduct (Serious Offense) and received a General, (Under Honorable Conditions) discharge. d. A memorandum from Headquarters, United States Army Garrison, Fort Sill, dated 23 March 2017, which request a DD Form 215 (Correction to DD Form 214) be issued for the applicant as follows: * item 4a as reads: PV1 * item 4a should read: SFC * item 4b as reads: E01 * item 4b should read: E07 * item 29 as reads: Under 10 USC 972: 20150427-20160830 * item 29 should read: Under 10 US 972: 20160115-20160830 e. The applicant's service record is void of documentation showing he was reduced to the rank of PV1 prior to his discharge or disciplinary documents showing a reduction in rank. 4. The applicant provides the following documents for the Board's consideration: a. A memorandum from Office of the Assistant Secretary Manpower and Reserve Affairs, dated 24 June 2016, which was present in his service record. b. A DD Form 214, for the period ending 30 August 2016, which was present in his service record. c. An ERB, dated 31 August 2016, which shows the applicant was promoted to the rank of SFC effective 1 March 2011. It does not indicate he was reduced in rank. 5. See REFERENCES below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board found no evidence indicating the applicant was reduced in rank prior to his discharge. The Board agreed that the rank, grade, and effective date of pay grade recorded on his DD Form 214 appear to be an administrative error, as evidenced by the subsequent request from Fort Sill to issue a DD Form 215. Based on a preponderance of evidence, the Board determined the applicant's DD Form 214 should be corrected to show he held the rank/grade of SFC/E-7 with an effective date of pay grade of 1 March 2011 and his dates of lost time should be adjusted as shown in the request for a DD Form 215. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 his DD Form 214 to show in: * item 4a – SFC * item 4b – E07 * item 12i – 2011 03 01 * item 29 – Under 10 USC 972: 20160115-20160830 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents) states the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. It states, verify that active duty grade or rank and pay grade are accurate at time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004450 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1