IN THE CASE OF: BOARD DATE: 2 August 2023 DOCKET NUMBER: AR20230000276 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 17 August 1992, to reflect staff sergeant (SSG)/E-6 rather than sergeant (SGT)/E-5. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate, U.S. Army, 2 July 1991 * Certificate, The Army Commendation Medal, 29 March 1991 * Permanent Orders Number 110-5, 20 August 1991 * Memorandum, 11 September 1991 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 prior to being discharged he was promoted to the rank of SSG. However, the orders for this action were withheld from him because he would not reenlist for 4-6 years. Instead, he refused to reenlist, and elected to receive the Special Separation Benefit (SSB). He contests that the provided documents support his argument, in that the Army does not repeatedly make an error when annotating a service members rank. He argues that in August 1991, his rank was administratively updated but he did not wear the rank nor was his award certificate corrected. He notes that during his out-processing, the clerk showed him his promotion orders but would not provide him with a copy of it. 3. A review of the applicant's available service records provides the following: a. After previously serving in the active component and U.S. Navy, on 5 April 1983, the applicant elected to enlist in the Regular Army to serve as an 11H (Heavy Anti- Armor Weapons Infantryman). b. On or about 3 January 1987, the applicant was promoted to SGT. c. On 17 August 1992, the applicant was released from active duty in accordance with Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-8 (Early Separation due to Reduction in Force, Strength, Limitations or Budgetary Constraints) with entitlement to an SSB, and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement) at the rank of SGT. d. On 21 April 1993, the applicant enlisted in the Army National Guard. e. On 20 April 1999, the applicant was honorably discharged from the ARNG at the rank of specialist (SPC)/E-4. 4. The applicant provides the following a: a. Certificate, U.S. Army dated 2 July 1991, reflective of the administration of the applicant's oath of reenlistment. The applicant is not addressed by rank on this document. b. Certificate, The Army Commendation Medal, dated 29 March 1991, reflective of the applicant being recognized for his meritorious service while assigned to a unit in direct support of Operation Desert Storm from 17 January 1991 – 28 February 1991. The applicant is recognized on this document as SGT. Orders Number 80-1 were issued in connection with this certificate. c. Permanent Orders Number 110-5 dated 20 August 1991, reflective of Permanent Orders Number 80-1 being amended to reflect the applicant's rank as SSG rather than SGT and this was his 3rd award (2nd Oak Leaf Cluster) of the Army Commendation Medal. d. Memorandum dated 11 September 1991, reflective of the applicant being recommended for selection to attend the Drill Sergeant Course. The applicant is referred to at the rank of SSG in this document. BOARD DISCUSSION: 1. 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 and available military records, the Board determined the record was absent promotion orders reflecting the applicant had been promoted to staff sergeant. The Board recognized there were various amendments and awards that reflect staff sergeant, but without official orders for promotion correction to the applicant’s record is unwarranted. Therefore, the Board denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s promotion records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant contentions for correction of his DD Form 214, for the period ending 17 August 1992, to reflect staff sergeant (SSG)/E-6 rather than sergeant (SGT)/E-5. 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. AR 635-5 (Separation Documents) in effect at the time 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./b. (Grade, Rate or Rank) will reflect the active-duty grade or rank and pay grade at the time of separation from the Enlisted Record Brief. 3. AR 600-8-19 (Enlisted Promotions and Reductions) in effect at that time provides that promotion to sergeant (SGT) and staff sergeant (SSG) are executed in a semi- centralized manner. Service members must appear before a board, be recommended for promotion and meet the published monthly promotion point cut-off score in order to be promoted to SGT/SSG. a. Soldiers promoted to the rank of SSG incur a 12-month service obligation. The promotion authority will set a suspense date by which the Soldier must incur obligated active service for promotion. The promotion authority will promote the Soldier promptly, but not earlier than the effective month when evidence is received (reenlistment or extension document) that the service remaining obligation has been met. A Soldier s separation from the service before fulfilling the service remaining obligation does not invalidate the promotion if the service requirements were met at the time of promotion. b. Commanders are required to remove a Soldier from the local recommended list for promotion to SSG if the Soldier fails to commit to the service obligation. If this is done, the Soldier will not thereafter be reinstated to the list or promoted on the basis of their current recommended list status. 4. 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) AR20230000276 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1