IN THE CASE OF: BOARD DATE: 6 December 2023 DOCKET NUMBER: AR20230008299 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 5 July 2006, to reflect: * Rank/grade of specialist (SPC)/E-4 * Valorous Unit Award * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 service ending 5 July 2006 (General, Under Honorable Conditions Characterization of Service) * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) * DD Form 214 service ending 5 July 2006 (Honorable Characterization of Service) 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 effect, he requests the correction of his DD Form 214 to reflect his rank/grade as SPC/E-4 and that he was awarded the Valorous Unit Award, Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal which are missing from his DD Form 214. 3. The portion regarding the awards will not be considered before the Board, there is sufficient evidence to correct his record without action by the Board for the Valorous Unit Award and the Global War on Terrorism Service Medal. The applicant was awarded the Iraqi Campaign Medal and is not eligible for the Global War on Terrorism Expeditionary Medal. The Board will consider his request for his DD Form 214 to show his rank/grade of SPC/E-4. 4. A review of the applicant's service record shows: a. The applicant's DD form 214 shows he enlisted in the Regular Army on 4 November 2003. b. The applicant's Enlisted Record Brief shows he was advanced to the rank of: * Private Two (PV2)/E-2, effective 1 May 2004 * Private First Class (PFC)/E-3, effective 1 November 2004 * SPC/E-4 effective 4 November 2005 c. On 13 June 2006, Orders Number 164-0004, issued by Headquarters, I Corps and Fort Lewis, the applicant was assigned to the U.S. Army transition point for transition processing effective 5 July 2006 in the rank/grade of private (PVT)/E-1. d. The applicant was honorably discharge from active duty on 5 July 2006 under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c (Commission of a serious offense). DD Form 214 shows the applicant completed 2-years,8-months and 2-days of active service. It also shows in items: * 4a Grade, Rate or Rank): PV1 * 4b (Pay Grade): E1 * 12i (Effective Date of Pay Grade): 11 May 2006 e. On 1 November 2007, the Review Boards Agency corrected the applicant's DD Form 214 by issuing a DD Form 215 to reflect he was awarded the Army Commendation Medal. f. On 30 January 2017, the Army Review Boards Agency notified the applicant he records were corrected in accordance with the findings of the Army Discharge Review Board granting the applicant's request for his discharge to be upgraded to an honorable discharge. 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 provided by the applicant that demonstrates an error or injustice regarding his rank at separation. The Board noted the record is absent any supporting documentation showing the applicant was promoted back to SPC/E-4 prior to his discharge. Based on the preponderance of evidence, 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 (Certificate of Release or Discharge from Active Duty) for the period ending July 5, 2006, by adding the following awards: * Valorous Unit Award * Global War on Terrorism Service 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 service ending July 5, 2006 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) service ending July 5, 2006 * Enlisted Record Brief * DA Form 638 (Recommendation for Award) dated 14 December 2004 * Army Regulation 600-8-22 (Military Awards) 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 medals and citations. 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) 635-5 (Personnel Separations – 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. It establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). a. Paragraph 2-1 (Preparing 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 brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. b. Paragraph 2-3 (Source Documents), b. Use the following documents when preparing a DD Form 214WS (Worksheet): (1) Enlisted record brief (ERB) (computer generated), (2) DA Form 4037 (Officer Record Brief) (ORB) (computer generated), (3) Separation approval authority documentation, if applicable, (4) Separation order, and (5) Any other document authorized for filing in the Official Military Personnel File. c. Paragraph 2-3h, the following provides detailed instructions and source document(s) for completing each block of the DD Form 214. (4) Grade, Rate or Rank, enter active duty grade or rank and pay grade at time of separation from the ERB. (12) RECORD of SERVICE, (h) Effective Date of Pay Grade. From the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230008299 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1