IN THE CASE OF: 

		BOARD DATE:  5 December 2022

		DOCKET NUMBER: AR20220003873


APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show her rank/grade as sergeant (SGT)/E-5 instead of 
specialist four (SP4)/E-4.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	U.S. Army Reserve Honorable Discharge Certificate

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, 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 at the time of her discharge, she was a SGT. She would like her 
DD Form 214 to show that, so that when the time should come for a headstone, it would 
be correct. Her discharge was held up because of the Gulf War. When a service 
member is placed in a VA cemetery, all paperwork should be in order and correct. Her 
DD Form 214 says one thing and her Honorable Discharge Certificate says something 
else. 

3.  Review of the applicant’s service records shows: 

	a.  The applicant enlisted in the Regular Army on 29 August 1979, and she held a 
medical military occupational specialty. She was promoted to specialist four (SP4)/E-4 
on 1 January 1981.

	b.  She was honorably released from active duty on 26 August 1983, and she was 
transferred to the USAR Control Group (Reinforcement) to complete her remaining 
service obligation. Her DD Form 214 shows in:

*	Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) – SP4 and E-4
*	Item 12h (Effective Date of Pay Grade) – 81-01-01

	c.  She was honorably discharged from the USAR in the rank of SGT on 19 
December 1990 and issued an Honorable Discharge Certificate. 

3.  There is no evidence she was recommended for promotion or promoted to SGT/E-5 
during her active service. Promotion of enlisted Soldiers is announced in orders. 
Without the orders, it is not possible to determine when her contended promotion took 
effect. During her active duty service, she held the rank/grade of SP4/E-4.  

4.  It is possible she might have been promoted in the USAR following her release from 
active duty. This may explain why her December 1990 USAR discharge orders listed 
her rank as SGT. However, her possible and/or subsequent promotion in the USAR had 
no impact on her previously-issued DD Form 214.  

5.  The DD Form 214 is a synopsis of a Soldier's period of continuous active service and 
reflects the rank/grade and effective date at the time of separation/release from active 
duty.  

BOARD DISCUSSION:

After reviewing the application, supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The governing regulation provides that at separation the service member’s record will 
be used to enter accurate information when completing their DD Form 214. One 
possible outcome was to provide relief based on her final orders; however, the majority 
Board members agreed the service record did not contain substantiating evidence to 
show the applicant was promoted prior to her discharge from active service. The Board 
concluded there was insufficient evidence of an error or injustice which would warrant a 
change to the applicant’s rank on her DD Form 214.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	X	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	:	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice. Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.
	 
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, U.S. 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 ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214.  The purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service. The DD Form 214 is a summary of a Soldier's most recent period of continuous 
active duty (emphasis added). It provides a brief, clear-cut record of active duty service 
at the time of release from active duty, retirement, or discharge, and is not intended to 
have any legal effect on termination of a Soldier's service. Chapter 2 states:

*	Items 4a and 4b show the active duty rank/grade held at the time of separation
*	Item 12h shows the effective date of rank (of the rank a Soldier held at the time 
of separation)

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220003873


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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