IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080015642 


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 his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected in item 12h (Effective Date of Pay Grade) to show "1997  09  01."

2.  The applicant states his DD Form 214 contains a clerical error.

3.  The applicant provides a copy of his DD Form 214 and a copy of his promotion orders, Orders 238-108, Alpha Detachment, 15th Personnel Services Battalion, Fort Hood, TX, dated 26 August 1997.

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 served in the Regular Army (RA) from 21 January 1992 through 30 November 1997.  He was promoted to sergeant (SGT/E-5) on 1 September 1997 by Orders 238-108.

3.  The applicant’s DD Form 214 lists his date of rank as "1994  09  01" in item 12h.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s effective date of pay grade – his date of rank – as shown on his DD Form 214 is incorrect.

2.  Item 12h of the applicant’s DD Form 214 should be corrected to show "1997  09  01."

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 in item 12h to show "1997  09  01."


															XXX
      _________________________
                 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)                                         AR20080015642



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ABCMR Record of Proceedings (cont)                                         AR20080015642



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