IN THE CASE OF: BOARD DATE: 13 September 2023 DOCKET NUMBER: AR20230000979 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 May 1986, to reflect the rank/grade of sergeant (SGT)/E-5 vice specialist four (SP4)/E-4. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2496 (Disposition Form), 18 February 1986 * Memorandum, Subject: Report of Promotion Board Proceedings for Promotion to Pay Grades E-5 and E-6, 12 March 1986 * DA Form 3355 (Promotion Point Worksheet), 11 March 1986 * Recommendation List for Promotion of Enlisted Personnel 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, he was promoted to the rank of SGT prior to his release from active duty. 3. A review of the applicant's available service record reflects the following: a. On 29 July 1982, he enlisted in the Regular Army. b. DA Form 2-1 (Personnel Qualification Record), item 18 (Appointments and Reductions) reflects the following: * Private (PVT)/E-1, effective 29 July 1982 * Private (PV2)/E-2, effective 4 February 1983 * Private First Class (PFC)/E-3, effective 1 January 1984 * SP4/E-4, effective 1 June 1984 c. On 24 May 1984, Headquarters, 25th Infantry Division, issued Orders Number 145-3 promoting him to the rank/grade of SP4/E-4, effective 1 June 1984. d. DD Form 214, ending 30 May 1986 reflects an honorable discharge. Item 1 (Name (Last, First, Middle) shows SP4. e. DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 15 August 1986 shows amendment to item 9 (Command to Which Transferred) to show U.S. Army Reserve (USAR) Control Group (Reinforcement). f. On 25 September 1986, the U.S. Army Reserve Personnel Center issued Orders Number C-09-044869 reassigning him from the USAR Control Group (Reinforcement) to the Wisconsin Army National Guard (WIARNG) with a retroactive effective date of 9 July 1986 at the rank/grade of SP4/E-4. g. On 9 July 1986, he enlisted in the WIARNG at the grade of E-4. h. National Guard Bureau Form 22 (Report of Separation and Record of Service) dated 28 July 1988, shows an honorable discharge in the rank/grade of specialist (SPC)/E-4 with service from 9 July 1986 to 28 July 1988. i. His record is void of orders promoting him to the rank/grade of SGT/E-5. 4. The applicant provides the following: a. DA Form 2496, dated 18 February 1986 reflective of the E-5 and E-6 Promotion Board members. b. Memorandum, Subject: Report of Promotion Board Proceedings for Promotion to Pay Grades E-5 and E-6, dated 12 March 1986, showing his consideration and recommendation for promotion to the rank/grade of SGT/E-5. c. DA Form 3355, dated 11 March 1986, showing he was awarded 670 promotion points at the time of the completion of the promotion board to the recommended rank/grade of SGT/E-5. d. Recommendation List for Promotion of Enlisted Personnel showing his recommendation for promotion to the rank/grade of SGT/E-5 in the primary zone with 670 points in military occupational specialty 11B (Infantryman). 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 and available military records, the Board determined there is insufficient evidence to show an error on the applicant’s DD Form 214. The Board found the applicant’s record is absent orders promoting him to the rank/grade of SGT/E-5 prior to his discharge. Based on regulatory guidance, promotion to SGT/E-5 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 Sergeant (SGT). 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. ? 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 600-200 (Enlisted Personnel Management System) in effect at the time states units with commanders in the rank of lieutenant colonel are authorized to promote Soldiers to the grades of E-5 and E-6. Promotions to, E-5 through E-9 and, grade restorations will be announced in orders. Headquarters Department of the Army will determine the needs of the Army by grade and MOS. Based on this need, the promotion point cutoff scores for primary and secondary zone promotions to grades E-5 and E-6 are announced authorizing commanders to promote the best qualified Soldiers Army wide in each MOS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000979 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1