IN THE CASE OF: BOARD DATE: 28 OCTOBER 2008 DOCKET NUMBER: AR20080014776 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his pay grade be corrected on his DD Form 214, Certificate of Release or Discharge from Active Duty. 2. The applicant states, in effect, that at the time of his honorable discharge he was ranked as an E-4, not as an E-3. He would like to have his DD Form 214 corrected to change the status from E-3 to E-4. 3. In support of his request, the applicant provided a copy of his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's records show he enlisted in the U.S. Army Reserve, Delayed Entry Program, on 6 February 1980. On 20 March 1980, he enlisted in the Regular Army in the rank and pay grade of private, E-1. He successfully completed basic combat training at Fort Jackson, South Carolina, and advanced individual training at Fort Lee, Virginia. After completing his training, he was awarded the military occupational specialty 76V, Materiel Storage and Handling Specialist. 3. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, shows he was advanced to pay grade E-2 on 20 August 1980 and to the rank and pay grade of private first class, E-3, on 1 November 1980. He was promoted to the rank and pay grade of specialist four, E-4, on 1 July 1981. 4. Item 18 of the applicant's DA Form 2-1 also shows the applicant was reduced to the rank and pay grade of private first class, E-3, on 7 February1983. 5. A DA Form 2627, Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice), shows the applicant was reduced in pay grade to E-3, forfeited $150.00, was ordered to perform extra duty, and was ordered restricted to the limits of his company area for a period of 14 days on 7 February 1983. The applicant was punished for having used provoking words towards another Soldier and for having wrongfully participated in a breach of peace by engaging in a fist fight on 18 January 1983. Although the applicant appealed the punishment on 7 February 1983, his appeal was denied by the appropriate authority on 10 February 1983 and he was so notified on 18 February 1983. 6. The evidence shows that the applicant was discharged under honorable conditions (emphasis added) on 21 March 1983. Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of the applicant’s DD Form 214 show, on the date of his discharge, he was serving in the rank and pay grade private first class, E-3. 7. There are no orders in the applicant’s service personnel records showing that he was promoted to the rank and pay grade of specialist four, E-4, before he was discharged. The applicant provided no promotion orders or other documentary evidence to show that he was promoted back to the rank and pay grade of specialist four, E-4, before he was discharged. DISCUSSION AND CONCLUSIONS: 1. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 2. The evidence shows the applicant was reduced from pay grade E-4 to pay grade E-3 and he was not promoted back to the rank and pay grade of specialist four, E-4, before he was discharged. 3. There are no orders in the applicant’s service personnel records showing that he was promoted or restored to the rank and pay grade of specialist four, E-4, before he was discharged. The applicant provided no promotion orders or other documentary evidence to show that he was promoted back to the rank and pay grade of specialist four, E-4, or even that the punishment to reduction in pay grade was remitted before he was discharged. 4. In view of the foregoing, there is no basis for granting the applicant's request for a correction to the rank and pay grade shown on his DD Form 214. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ________X_________________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080014776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014776 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1