BOARD DATE:  10 January 2013

		DOCKET NUMBER:  AR20120011328


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 correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show his pay grade as sergeant (SGT)/E-5, not specialist (SPC)/E-4 as listed.

2.  He states he was promoted to E-5 on 8 April 1995 and held it until he was separated from the Army National Guard. 

3.  The applicant provides:

* National Personnel Records Center letter
* DD Form 214 ending 15 October 1989
* DD Form 214 ending 3 December 1993
* U.S. Army Reserve (USAR) discharge orders dated 1 June 1994
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) 
* Retirement Points Accounting System Summary Points Inquiry/Update
* DA Form 2-1 (Personnel Qualification Record)

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.  Following prior service in the Regular Army the applicant enlisted in the Minnesota Army National Guard (MNARNG) and entered into active duty for training on 16 July 1993.

3.  His DD Form 214 shows he was honorably released from active duty training effective 3 December 1993, in the rank and pay grade of SPC/E-4.  He had completed 4 months and 18 days of active service during the period covered by the DD Form 214.  

4.  In support of his request he provided:

	a.  Orders D-06-419795, U.S. Army Human Resources Command, St Louis, Missouri, dated 1 June 1994, showing he was discharged from the USAR effective 1 June 2004.  His grade is shown as SPC.

	b.  NGB Form 22, effective 1 November 1999, showing his rank and pay grade as SGT/E-5.  His date of rank is listed as 8 April 1995.

	c.  DA Form 2-1 showing he was promoted to SGT in the MNARNG effective 8 April 1995.

5.  His records contain Orders 17-1, Headquarters, 434th Main Support Battalion, Little Falls, Minnesota, dated 8 April 1995, showing he was promoted to SGT/E-5 effective 8 April 1995.
 
6.  There is no available evidence to show he was promoted to SGT/E-5 prior to his release from active duty training.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  For items 4a (Grade, Rate or Rank) and 4b (Pay Grade), enter the rank and pay grade in which serving at the time of separation (emphasis added).



DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was promoted to SGT/E-5 effective 8 April 1995, after his 3 December 1993 release from active duty training.

2.  There is no available evidence he was promoted to E-5 prior to his release from active duty training.  

3.  Therefore, there is no basis for correction of the applicant's 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 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)                                         AR20120011328



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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