IN THE CASE OF: BOARD DATE: 1 December 2022 DOCKET NUMBER: AR20220005577 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the rank of Sergeant (SGT)/E-5 rather than Specialist (SPC)/E-4. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DARC Form 249-1-R (Request for Correction of Chronological Statement of Retirement Points from U.S. Army Reserve (USAR) Troop Program Members), 6 February 1990 * Orders Number D-03-207397, 3 March 1992 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 in pertinent part that she was previously promoted to SGT however her DD Form 214 does not reflect this. She contests that this was an oversight that was not corrected prior to her being released from active duty. 3. A review of the applicant's available service records reflets the following: a. On 4 September 1979, the applicant enlisted in the Regular Army to serve as a 76Y (Unit Supply Specialist). b. On 4 September 1981, the applicant was promoted to specialist four (SP4)/E-4. c. On 22 November 1984, Headquarters, U.S. Army Element Shape issued Orders Number 187-4 announcing the applicant's promotion to SGT, effective 1 December 1984 with a 1 November 1984 date of rank. d. On 20 October 1987, the applicant requested to be discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) Chapter 8 (Separation of Enlisted Women – Pregnancy). e. On 9 November 1987, Headquarters, Presidio of San Francisco issued Orders Number 215-76 reassigning the applicant to the U.S. Army Transition Point pending discharge. f. DA Form 2-1 (Personnel Qualification Record), item 18 (Appointments and Reductions) shows on 10 November 1987, the applicant was reduced to the rank of SP4. The circumstances surrounding this action are not available within her service records. g. On 30 November 1987, the applicant was released from active duty and transferred into the USAR Control Group (Reinforcement) at the rank of SP4. DD Form 214, item 12h. (Effective Date of Pay Grade) reflects 10 November 1987. h. On 1 December 1987, the applicant reenlisted in the USAR for 3 years. The DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the U.S.) completed an endorsed by the applicant at the time of this action reflects her pay grade of E-4 (SPC). i. On 13 September 1990, the applicant was reduced to the rank of private first class (PFC)/E-3 due to her unsatisfactory participation. j. On 26 September 1990, Headquarters, 124th U.S. Army Reserve Command retroactively issued Orders Number 166-11 reassigning the applicant to the USAR Control Group (Reinforcement), effective 11 September 1990, due to her unsatisfactory participation in the USAR. k. On 3 March 1992, the U.S. Army Reserve Personnel Center issued Orders Number D-03-207397 announcing the applicant's discharge from the USAR. 4. The applicant provides the following DARC Form 249-1-R dated 6 February 1990 reflective of a request for correction of the military service credit that the applicant performed between 20 April 1979 – 19 April 1989. The applicant's rank reflected on this document is SPC. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found the evidence confirms the applicant was reduced in grade from SGT to SPC prior to her discharge from active duty. The Board found no evidence indicating the reduction was improperly imposed. Based on a preponderance of the evidence, the Board determined the rank/grade shown on her DD Form 214 are not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :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, USC, 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 (AR) 635-5 (Separation Documents) provides 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. All available records will be used as a basis for the preparation of DD Form 214, including DA Form 2-1 (Personnel Qualification Record) and orders. Item 4a. and 4b (Grade, Rate or Rank and Pay Grade) will contain the service members active-duty grade or rank and pay grade at the time of separation. Item 12h. (Effective Date of Pay Grade) will contain the effective date of promotion to the current pay grade. 3. AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005577 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1