IN THE CASE OF:  

		BOARD DATE: 17 February 2023

		DOCKET NUMBER:  AR20220007710


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) ending on 30 April 2012, to change his rank/pay grade at 
retirement from Sergeant (SGT)/E-5 to Staff Sergeant (SSG)/E-6.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:  
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), section 1552(b) [10 USC 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 he was promoted to SSG/E-6 while in the National Guard 
and SSG/E-6 was the highest rank held. However, he retired in 2011 as a SGT/E-5.

3.  The applicant's service record shows:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the 
applicant enlisted in the Regular Army on 6 June 1978 and was honorably discharged 
on 3 December 1984 by reason of expiration term of service. 

		(1)  Block 4a (Grade, Rate or Rank) – Specialist (SP4).

		(2)  Block 4b (Pay Grade) –E-4.

		(3)  Block 12h (Effective Date of Pay Grade) – 22 May 1984.

	b.  National Guard Bureau Form 22 (Report of Separation and Record of Service) 
shows the applicant enlisted in the Army National Guard (ARNG) on 30 April 1990 and 
was honorably released from the ARNG on 29 September 1993. 

		(1)  Item 5a (Rank) – SPC.
		(2)  Item 5b (Pay Grade) – E-4.

		(3)  Item 6 (Date of Rank) – 30 April 1990.

	c.  Orders Number 222-48 issued by the State of Texas, Adjutant General's 
Department, dated 15 November 1993, discharged the applicant from the ARNG, 
effective 29 September 1993. His rank/grade was listed as SPC/E-4.

	d.  On 18 November 1994, the applicant enlisted in the U.S. Army Reserve (USAR) 
for 6 years in the pay grade E-3.

	e.  DA Form 4187 (Personnel Action), dated 24 November 1998, approved the 
applicant's request to enlist in the Regular Army. His rank/grade was listed as SGT/E-5.

	f.  DD Form 368 (Request for Conditional Release), dated 25 March 1999, approved 
the applicant's request to enlist in the Regular Army and administered the oath of 
enlistment. His rank/grade was listed as SSG/E-6.

	g.  On 25 March 1999, the applicant enlisted in the Regular Army for 3 years in the 
pay grade E-4. He continued service until his length of service retirement. 

	h.  DD Form 214, ending on 30 April 2012, shows the applicant was retired from 
active duty by reason of sufficient service.

		(1)  Block 2 (Department, Component and Branch) – Regular Army.

		(2)  Block 4a (Grade, Rate or Rank) – SGT.

		(3)  Block 4b (Pay Grade) –E-5.

		(4)  Block 12a (Date Entered Active Duty Service) – 25 March 1999.

		(5)  Block 12c (Net Active Service This Period) – 13 years, 1 month, and 6 days.

		(6)  Block 12d (Total Prior Active Service) – 6 years, 10 months, and 29 days.

		(7)  Block 12e (Total Prior Inactive Service) – 9 years, 5 months, and 3 days.

		(8)  Block 12i (Effective Date of Pay Grade) – 1 November 2000.

?
BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition, available military records, the Board 
determined the applicant’s record is absent evidence that show he was promoted to 
staff sergeant/ E-6 prior to his discharge. The Board agreed the documentation showing 
SSG was a clerical error, there are no official documents to support the applicant’s 
claim. Furthermore, his record is absent evidence that shows he was selected for 
promotion to SSG. Based on regulatory guidance, promotion to SSG/E-6 are 
announced with official orders. The Board agreed the request for relief has no merit as 
the available evidence does not support the applicant was ever promoted to the rank of 
Staff Sergeant (SSG).  Therefore, the Board denied relief.


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.


ADMINISTRATIVE NOTE(S):  N/A.


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 635-5 (Separation Documents) then in effect, governed the 
preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the 
Soldier's most recent period of continuous active duty. It provided a brief, clear-cut 
record of active Army service at the time of release from active duty, retirement or 
discharge. These instructions stated for Block 4 (Grade, Rate, or Rank) to enter the 
active duty rank and pay grade at time of separation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220007710


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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