ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 April 2020 DOCKET NUMBER: AR20200002483 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) – SGM instead of MSG * Item 4b (Pay Grade) – E-9 instead of E-8 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Army Board for Correction of Military Records (ABCMR) Record of Proceedings 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 after being unjustly demoted, he petitioned the Army Review Boards Agency and was granted full relief on 25 October 2012. Therefore, his DD Form 214 should reflect the correct rank and pay grade. He is requesting this correction to provide correct documentation for his service records as well as health claims to the Department of Veterans Affairs and future employment. 3. Review of the applicant’s service records show: a. He enlisted in the U.S. Army Reserve (USAR) on 2 February 1988. He held military occupational specialties 68W (Health Care Specialist) and 68A (Mental Health Specialist). He was promoted to the rank/pay grade of MSG (Master Sergeant)/E-8 on 1 December 2003. b. Headquarters, 81st Regional Support Command, Fort Jackson, SC, issued the following orders on/for: (1) Number 10-116-00040, 26 April 2010, promoting him from MSG (Master Sergeant) to SGM/E-9, with an effective date and date of rank (DOR) of 1 May 2010. The orders stated that following the conclusion of his ADOS tour he would have 12 months to be assigned to an appropriate position. If not assigned to an appropriate position within 12 months he would be subject to either voluntary administrative reduction in order to fill a vacant position or transfer to the Individual Ready Reserve (IRR) in the grade in which he was promoted. (2) Number 10-208-00063, 27 July 2010, mandatorily assigning him to the USAR Control Group (Reinforcement), effective 1 October 2010. The orders list the reason as "mandatory" and his rank as SGM. c. He was ordered to active duty for operational support (ADOS) and entered active duty on 4 January 2011. He was honorably released from active duty on 3 January 2012 and was transferred to the USAR Control Group. His DD Form 214 shows in: * Item 4a – MSG * Item 4b – E-8 * Item 12h (Effective Date of Pay Grade) – 1 December 2003 d. Orders Number 12-006-0003, issued by Headquarters, 81st Regional Support Command on 6 January 2012, revoked Orders Number 10-116-00040, pertaining to his promotion. e. On 23 October 2012, the ABCMR determined the following: * the orders promoting the applicant to SGM/E-9 clearly stated that if he were to be transferred to the IRR it would be in the higher grade * his IRR reassignment orders showed the action was "mandatory" * prior to reassignment to the IRR, he was assured by the USAR G-1 staff that the promotion would not be affected * the governing regulation requires that a Soldier who accepts promotion to SGM incurs a 2-year Troop Program Unit (TPU) service remaining requirement from the effective date of promotion * he was promoted to SGM/E-9 effective 1 May 2010 and he was reassigned to the IRR effective 1 October 2010 * although he did not serve 2 years in his TPU after promotion, his reassignment to the IRR was shown as "mandatory" * it appeared he was unjustly deprived of the allotted 12-month period in which to locate a suitable SGM/E-9 position * he should be granted an exception to the 2-year TPU service requirement and the Defense Finance and Accounting Service should audit the his finance records and provide him all monies that were recouped due to revocation of his promotion f. Orders Number 12-333-00011, issued by Headquarters, USAR on 28 November 2012, promoted him to SGM, with an effective date and DOR of 1 May 2010. g. A DA Form 5016 (Chronological Statement of Retirement Points), dated 14 April 2016, shows he was retired from the USAR, in the rank of SGM, on 12 August 2018. 4. By regulations: a. AR 600-8-19 (Enlisted Promotions and Reductions), Soldiers promoted to grades SGM would incur a 2–year service remaining obligation from the effective date of promotion. b. AR 635-5 (Separation Documents), the DD Form 214 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 release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. It stated Items 4a and 4b – will show the active duty rank pay grade at time of separation. Item 12h – will show the effective date of the rank/pay grade. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The ABCMR previously determined he should be granted an exception to the 2-year TPU service requirement and the Defense Finance and Accounting Service should audit the applicant’s finance records and provide him all monies that were recouped due to revocation of his promotion to E-9. The Board determined his DD Form 214 should be corrected to show his rank/pay grade as SGM/E-9. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX XXX XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 applicant’s DD Form 214 to show in: * Item 4a (Grade, Rate, or Rank) – SGM * Item 4b (Pay Grade) – E-9 * Item 12i (Effective Date of Pay Grade) – 1 May 2010 X CHAIRPERSON 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 (AR) 600-8-19 (Enlisted Promotions and Reductions), in effect at the time), prescribed the enlisted promotions and reductions function of the military personnel system. The regulation stated in: a. Paragraph 5-24a – A Soldier who accepted a promotion would incur a 2-year Troop Program Unit service remaining requirement from the effective date of promotion. The Soldier must report for duty in the position to which promoted, comply with a reassignment order, if issued, and serve at least 12 months in the duty position before voluntary reassignment. An exception to that policy occurred when the Soldier had a change of residence or civilian employment, or incurred an extreme hardship requiring such reassignment. This policy did not preclude reassignment for the convenience of the government or the good of the command, to the Ready, Standby, or Retired Reserve, including Individual Mobilization Augmentee or Active Guard Reserve status." 3. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. It also stated: * Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) – would list the active duty rank/pay grade at time of separation * Item 12h (Effective Date of Pay Grade) – would list the effective date of the rank/pay grade in items 4a and b //NOTHING FOLLOWS//