IN THE CASE OF: BOARD DATE: 21 January 2009 DOCKET NUMBER: AR20080016700 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 10 March 1989 be corrected to show his rank as corporal instead of private first class. 2. The applicant states that his DD Form 214 for the period ending on 10 March 1989 shows his rank as private first class and it should show he was a corporal. 3. The applicant provides reassignment orders, dated 12 January 1989. 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 enlisted in the Regular Army on 10 September 1982 for a period of 4 years. He served as a metal worker and was promoted to corporal effective 24 May 1988. 3. On 16 November 1988, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) was imposed against the applicant for being AWOL from 6 to 26 October 1988. His punishment included reduction to private first class (suspended) and to be automatically remitted if not vacated before 15 February 1989. The suspension of the punishment was vacated on 10 January 1989. 4. On 10 March 1989, the applicant was honorably discharged. 5. The applicant’s DD Form 214 for the period ending on 10 March 1989 shows his rank as private first class. 6. There is no evidence of record which shows the applicant was promoted to corporal prior to his discharge on 10 March 1989. 7. In support of his claim, the applicant provided reassignment orders, dated 12 January 1989, which show his rank as corporal. However, these orders were amended on 2 March 1989 to show his rank as private first class. A copy of the amended orders will be provided to the applicant. DISCUSSION AND CONCLUSIONS: The applicant’s contention was considered. However, evidence of record shows the applicant’s reduction to private first class imposed on 16 November 1988 was suspended and to be automatically remitted if not vacated before 15 February 1989. On 10 January 1989, the suspension of the punishment was vacated. Since there is no evidence of record which shows the applicant was promoted to corporal prior to his discharge on 10 March 1989, there is no basis for granting the applicant's request. 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. _______ _ 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) AR20080016700 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080016700 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1