IN THE CASE OF:	  

		BOARD DATE:  5 February 2013

		DOCKET NUMBER:  AR20120012844 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 May 2004 to show his rank and pay grade as specialist (SPC)/E-4.

2.  The applicant states:

* he was honorably discharged from the Army National Guard (ARNG) in the rank and pay grade of SPC/E-4 on 1 October 2007
* his SPC rank was awarded on 29 May 2003
* his DD Form 214 shows the incorrect rank and pay grade of private first class (PFC)/E-3
* he believes it was a bookkeeping error

3.  The applicant provides:

* Honorable Discharge Certificate from the ARNG
* letter of appreciation
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DD Forms 214 for the periods ending 2 August 2002 and 4 May 2004

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 ARNG on 27 April 2001.  He was ordered to active duty for training on 13 June 2002 and he was released from active duty on 2 August 2002.

3.  His DD Form 214 for the period ending 2 August 2002 shows in:

* item 4a (Grade, Rate, or Rank) – the entry "PFC"
* item 4b (Pay Grade) – the entry "E3"
* Item 12h (Effective Date of Pay Grade) – the entry "2002  06  12 [12 June 2002]"

4.  He was ordered to active duty on 31 March 2003 in support of Operations Enduring Freedom/Iraqi Freedom.  He served in Kuwait and Iraq.

5.  A DA Form 4187 (Personnel Action), dated 29 May 2003, shows he was advanced to SPC/E-4 effective 29 May 2003.

6.  On 4 May 2004, he was released from active duty.

7.  His DD Form 214 for the period ending 4 May 2004 shows in:

* item 4a – the entry "PFC"
* item 4b – the entry "E3"
* Item 12h – the entry "2002  06  12 [12 June 2002]"

8.  On 26 April 2007, he was honorably discharged from the ARNG in the rank and pay grade of SPC/E-4.  His date of rank is shown as 29 May 2003 on his NGB Form 22.

DISCUSSION AND CONCLUSIONS:

The DA Form 4187 which shows the applicant was advanced to SPC/E-4 effective 29 May 2003 is accepted as sufficient evidence on which to base amending items 4a, 4b, and 12h of his DD Form 214 for the period ending 4 May 2004.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 4 May 2004 as follows:

	a.  deleting the entry in item 4a and replacing it with the entry "SPC,"

	b.  deleting the entry in item 4b and replacing it with the entry "E-4," and

	c.  deleting the entry in item 12h and replacing it with the entry "2003  05  29."



      _______ _  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)                                         AR20120012844



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ABCMR Record of Proceedings (cont)                                         AR20120012844



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