IN THE CASE OF: BOARD DATE: 22 November 2023 DOCKET NUMBER: AR20230004804 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 18 March 1999 to reflect the following: * Promotion to the rank/grade of sergeant (SGT)/E-5 * Award the Korea Defense Service Medal * Add the Army Commendation Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2-1 (Personnel Qualification Record – Part II) page 1 and 2 * DA Form 3595-R-E (Record Fire Scorecard), dated 18 July 1995 * Promotion Board Proceedings * Army Achievement Medal Certificate - Permanent Orders Number 36-17, 27 December 1995 * Army Commendation Medal Certificate - Permanent Orders Number 29-1, 29 January 1996 * DA Form 705 (Army Physical Fitness Test (APFT) Scorecard) * Permanent Orders Number 120-00213, 29 April 1996 * DA Form 3355 (Promotion Point Worksheet), 14 May 1996 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 served in Korea from 1993 to 1994, was awarded the Army Commendation Medal in January 1996, and was promoted to the rank of SGT in February 1996. These items are not listed on his DD Form 214. 3. The applicant provides an Army Commendation Medal Certificate bearing Permanent Orders Number 29-1 awarding him the Army Commendation Medal. Additionally, DA Form 2-1, item 5 (Oversea Service) shows the applicant served in the Republic of Korea from 3 September 1993 to 31 August 1994 and was credited with a normal tour completion. The Army Commendation Medal and the Korea Defense Service Medal will be administratively added to the applicant's DD Form 214 and does not require an action from the Board. The Board will address the applicant's request for promotion to the rank/grade of SGT/E-5. 4. A review of the applicant's available service record reflects the following: a. On 19 March 1993, he enlisted in the Regular Army in Military Occupational Specialty (MOS) 91B (Medical Specialist). b. DA Form 2-1 reflects the following: * Item 5 shows service in the Republic of Korea, from 3 September 1993 to 31 August 1994 * Item 9 (Awards, Decorations, and Campaigns) shows: * Army Service Ribbon * Overseas Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal * Army Achievement Medal (3rd Award) * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 18 (Appointments and Reductions) shows: * Private (PV1), effective 19 March 1993 * Private (PV2), effective 19 September 1993 * Private First Class (PFC), effective 1 April 1994 * Specialist (SPC), effective 19 May 1995 c. DA Form 1695 (Oath of Extension of Enlistment), dated 4 January 1996 shows he extended his enlistment period an additional 14 months changing his expiration term of service to 18 May 1998. d. On 18 February 1999, Headquarters, III Corps and Fort Hood issued Orders Number 049-0200 reassigning him to the Army transition point for processing and release from active duty, effective 18 March 1999. e. DD Form 214, ending 18 March 1999 reflects an honorable release from active duty and transfer to the U.S. Army Reserve Control Group (Reinforcement) for completion of required active service. (1) Item 4a (Grade, Rate or Rank) shows SPC. (2) Item 12 (Record of Service) shows service from 19 March 1993 to 18 March 1999 for a net active service this period of 6 years and foreign service of 1 year, 1 month, and 21 days. (3) Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows: * Army Lapel Button * Army Achievement Medal (3rd Award) * Army Good Conduct Medal * National Defense Service Medal * Southwest Asia Service Medal with 1 bronze service star * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge with Driver -A-Bar f. His record is void of orders promoting him to the rank/grade of SGT/E-5. 5. The applicant provides the following: a. DA Form 3595-R-E dated 18 July 1995 showing the applicant's weapons qualification. b. Promotion Board Proceedings showing he was recommended for promotion to the rank/grade of SGT/E-5 with the intermediate commander's endorsement of the promotion board proceedings. c. Army Achievement Medal Certificate bearing Permanent Orders Number 36-17 showing he was awarded the Army Achievement Medal. d. DA Form 705 showing his completed APFT's specifically the test dated 10 February 1996 showing he was promotable. e. Permanent Orders Number 120-00213, dated 29 April 1996 wherein he was awarded the Army Good Conduct Metal. f. DA Form 3355 dated 14 May 1996 showing his recommended rank/grade as SGT/E-5. The form is void of the totality of points awarded. 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 his record is absent evidence that shows he was promoted to SGT/E-5 prior to his discharge. The Board noted, evidence in the record show the applicant was recommended for promotion to the rank/grade of SGT/E-5 with the intermediate commander's endorsement of the promotion board proceedings. However, the record only shows a recommendation but 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. Therefore, the Board denied relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, 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 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): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending 18 March 1999, by adding the following: * Korea Defense Service Medal * Army Commendation Medal 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 2-1 * The Army Commendation Medal Certificate bearing Permanent Orders Number 29-1, dated 29 January 1996 * AR 600-8-22 3. Please correct the applicant's DD Form 214 by adding the awards shown in paragraph 1 above. Provide the applicant a copy of the corrections, and as applicable the medal. Please ensure that the corrections are recorded in the applicant's official military personnel record. 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) 600-8-19 (Enlisted Promotions and Reductions) in effect at the time states in chapter 3 (Semicentralized Promotions (SGT and Staff Sergeant (SSG)) Field grade commanders in units authorized a commander in the grade of lieutenant colonel or higher have promotion authority to the ranks of SGT and SSG. Promotion to SGT and SSG are executed in a semicentralized manner. Field operations (decentralized). Board appearance, promotion point calculation, promotion list maintenance, and the final execution of the promotions occur in the field in a decentralized manner. Headquarters Department of the Army operations (centralized). Promotion point cutoff scores are determined and announced monthly for each MOS on the basis of the scores reported by the field and the needs of the Army, by grade and MOS. The promotion packet consists of the following: * DA Form 3355 (Promotion Point Worksheet) used for initial board appearance * Approved report of promotion board proceedings for Soldiers boarded for SGT and SSG prior to 1 June 1985 and after 30 September 1991. (Although board proceedings are not required to be filed in the packet for the period 1 June 1985 through 30 September 1991, if available will be included in the promotion packet.) * Latest two DA Forms 3355 used for recomputation or reevaluation * A copy of the latest AAC–C10 report with the Soldier’s name on it will be added to the packet prior to outprocessing 3. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Source documents consist of the DA Form 2-1, separation order, and any other document authorized for filing in the Official Military Personnel File. Item 4a, enter the active duty grade or rank and pay grade at the time of separation from DA Form 2-1. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004804 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1