IN THE CASE OF: BOARD DATE: 6 December 2023 DOCKET NUMBER: AR20230001802 APPLICANT REQUESTS: reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 August 2003, to show he was promoted to the rank/grade of staff sergeant (SSG)/E-6. A personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email from Senator's Office * DD Form 149 from previous case * DD Form 214, ending on 12 August 2003 * Orders Number 03-329-00133 Promotion to SSG * Letter from Senator * Orders Number 05-088-0025 Discharge from U.S. Army Reserve (USAR) * DD Form 256A (Honorable Discharge Certificate) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100024165 on 26 April 2011. 2. The applicant states, in effect, his official DD Form 214 does not show the correct rank of SSG and instead shows sergeant (SGT)/E-5. He provided his promotion orders to SSG, his discharge certificate which shows SSG, a letter from the U.S. Senate with his correct rank, and his discharge orders with the correct rank. He also enclosed a copy of the original dispute on DD Form 149, dated 13 September 2010, on this matter which he did not receive a response. The correction should be made because it is the right thing to do. He was promoted, he served his country, and the government could at least do what is right and reflect his rank within the Army, the Department of Veterans Affairs, and address him as such. He has earned it. 3. On 26 April 2011, the Board, in AR20100024165, determined the evidence showed the applicant was honorably discharged on 12 September 2001 in the rank of SGT upon completion of required active service. He had not provided sufficient evidence to show he was promoted to SSG prior to his 12 September 2001 release from active duty. The fact that he was promoted to the rank of SSG prior to his discharge from the U.S. Army Reserve (USAR) does not constitute an error on his DD Form 214. At the time of his release from active duty, he was serving in the rank of SGT and his DD Form 214 correctly reflects that rank. In the absence of evidence to the contrary, there appeared to be no error or injustice. In view of the foregoing, the applicant was not entitled to the requested relief. 4. The applicant's service records contain the following documents: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) dated 28 May 1993 shows the applicant enlisted in the USAR for a period of 8 years. b. DD Form 4, dated 4 January 1995, shows the applicant enlisted in the Regular Army, in the rank/grade of private first class (PFC)/E-3, for a period of 3 years. c. Orders Number 269-0033, published by Headquarters, Fort Carson, dated 26 September 1997 transferred the applicant to the USAR Control Group (Reinforcement), effective 3 January 1998. These orders were amended on 12 December 1997 amending the orders to read the applicant was transferred to a USAR unit. d. DD Form 214 shows the applicant was honorably released from active duty and transferred to a USAR unit, in the rank/grade of specialist (SPC)/E-4 on 3 January 1998. e. Orders Number 198-7, published by the U.S. Army, 89th Regional Support Command, dated 17 July 1998 promoted the applicant to the rank/grade of SGT/E-5, effective 17 July 1998. f. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 1 September 1998 shows the applicant extended his enlistment for 2 months and 17 days. g. DD Form 4, dated 30 July 2001, shows the applicant, in the rank of SGT/E-5, reenlisted in the USAR for a period of 6 years. h. DD Form 214 shows the applicant, as a member of the USAR, entered active duty on 13 September 1998, and was honorably released from active duty to his USAR unit on 12 September 2001. Item 4a (Grade, Rate or Rank) shows "SGT" and item 4b (Pay Grade) shows "E-5." i. DD Form 214 shows the applicant, as a member of the USAR, entered active duty on 27 January 2003 and was honorably released from active duty, in the rank of SGT, on 12 August 2003. j. The applicant's service record was void of orders promoting him to the rank/grade of SSG/E-6. 5. The applicant provides the following documents: a. Email from the applicant's Senators office, dated 13 February 2023, concerning his application to the Board. The entire email is available for the Board's review. b. DD Form 149 from the applicant's previous ABCMR case, dated 13 September 2010 which is available for the Board's consideration. c. Orders Number 03-329-00133, published by Headquarters, 89th Regional Readiness Command, dated 25 November 2003, which promoted the applicant to the rank/grade of SSG/E-6, effective on with a date of rank of 25 November 2003. d. Letter from the United States Senate dated 23 August 2004, to the applicant, in the rank of SSG, stating the applicant's medical condition precluded him from any possibility of worldwide deployment. e. Orders Number 05-088-00025, published by Headquarters, 89th Regional Readiness Command, dated 29 March 2005, which honorably discharged the applicant, in the rank/grade of SSG/E-6, from the USAR effective 29 April 2005. f. DD Form 256A, which shows the applicant was honorably discharged from the USAR in the rank/grade of SSG/E-6 on 29 April 2005. 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 there is insufficient evidence to show the applicant was promoted to staff sergeant (SSG) while on active duty. Evidence in the record show the applicant was promoted to SSG in the United States Army Reservice (USAR) 3 months and 11 days after the ending period of his DD Form 214, 12 August 2003. Therefore, the Board denied relief. 2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx xx xx DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20100024165 on 26 April 2011. 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. Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a clear-cut record of active-duty service at the time of release from active duty, retirement, or discharge. Item 4a/b; list the rank/grade currently serving in at the time of separation. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001802 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1