Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002071997C070403
Original file (2002071997C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002071997

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Arthur O. Omartian Member
Mr. Raymond J. Wagner Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
advisory opinion, if any)


APPLICANT REQUESTS: In effect, that her Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show her rank and grade as Private, E-2 (PV2). She also requests that she be paid the 12.5 days accrued leave her DD Form 214 says she was paid.

APPLICANT STATES: That she was a PV2 when she was discharged from Fort Meade, MD. Also, she was never paid for her 12.5 days of accrued leave. She provides her DD Form 214 as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

She enlisted in the U. S. Army Reserve (USAR) on 1 April 1982. She was ordered to initial active duty for training (IADT) on 7 May 1982 and was released from IADT on 1 October 1982. Her DD Form 214, items 4a and 4b show her rank and grade as Private, E-1 and item 17 shows she was paid for 12.5 days of accrued leave. She signed the DD Form 214.

The applicant’s Personnel Qualification Record, DA Forms 2 and 2-1, show that she was advanced to PV2 effective 4 January 1983. Orders D-03-026937, U. S. Army Reserve Personnel Center dated 30 March 1988 show she was discharged from the USAR on 31 March 1988 in the rank of PV2.

Army Regulation 635-5 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. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

Records at the Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) show that the applicant was paid, on 1 October 1982, $229.75 for 12.5 days of accrued leave. She signed the payment voucher. A supplemental voucher later paid her an additional $9.25 for 12.5 days of accrued leave for the rate difference between the old fiscal year and the new.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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 applicant’s DD Form 214 was meant to be only a record of her period of IADT. Since she was not advanced to PV2 until after she was released from IADT, her DD Form 214 correctly shows her rank and grade as Private, E-1.

3. Records at DFAS-IN show that she was paid in full for 12.5 days of accrued leave when she was released from IADT.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__KAK__ __AOA__ __RJW__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002071997
SUFFIX
RECON
DATE BOARDED 2002/07/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2. 128.00
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2001 | 2001055498C070420

    Original file (2001055498C070420.rtf) Auto-classification: Approved

    The applicant requests that her Certificate of Release or Discharge from Active Duty, DD From 214, be corrected to show her rank and grade as Private, E-2 (PV2), her date of separation as 7 February 2001, her net active service as 1 year, 2 months, and 18 days of service, and that she was a high school graduate or equivalent. In December 2000, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to go to her appointed place of duty. ...

  • ARMY | BCMR | CY2008 | 20080017593

    Original file (20080017593.txt) Auto-classification: Denied

    Congress has provided compensation (no more than 60 days in a military career) for Soldiers who were not able to use their leave because military requirements prevented it. While it is not readily apparent, based on the available evidence, where the applicant lost the 11.5 days of leave she claims, the information obtained from DFAS indicates that she was paid for 15.5 days of leave that she was not authorized to be paid. Therefore, in the absence of evidence to dispute the information...

  • ARMY | BCMR | CY2013 | 20130013519

    Original file (20130013519.txt) Auto-classification: Approved

    The applicant requests correction of her military record to: * show her rank/grade of private (PV2)/E-2 instead of private PV1/E-1) * show her correct time in service in the U.S. Army Reserve (USAR) * fulfill her Student Loan Re-payment Program (SLRP) agreement 2. The applicant states: * her rank of E-1 was given after a commanding officer in another unit made them give her a rank * her time in service is incorrect; she completed her 2-week drills and one weekend a month drills * she had...

  • ARMY | BCMR | CY2009 | 20090018301

    Original file (20090018301.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 27 April 2010 DOCKET NUMBER: AR20090018301 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant contends his DD Form 214 should be corrected to show his rank/grade as PFC/E-3 and that he should have been paid for his accrued leave based on this rank/grade. The evidence of record shows the applicant was appointed to the permanent rank/grade of PFC/E-3 on 17 February 1965.

  • ARMY | BCMR | CY2011 | 20110008655

    Original file (20110008655.txt) Auto-classification: Denied

    The applicant provides: * a letter from the U.S. Army Reserve Personnel Center, dated 15 September 1994 * a Defense Finance and Accounting Service (DFAS) military pay voucher, dated 10 January 1995 CONSIDERATION OF EVIDENCE: 1. 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. The DFAS pay...

  • ARMY | BCMR | CY2010 | 20100014915

    Original file (20100014915.txt) Auto-classification: Approved

    The applicant provides the following documentary evidence in support of her application: a. a DD Form 214 for the period ending 23 November 1993; b. two DA Forms 4187 (Personnel Action), dated 22 October 1993 and 2 September 1994; c. an award memorandum, dated 13 July 1996; d. Orders D-09-048434 issued by U.S. Army Reserve Personnel Command (ARPERSCOM) on 5 September 2000; e. seven sets of active duty for training (ADT), annual training (AT), or active duty special work (ADSW) orders; f....

  • ARMY | BCMR | CY2012 | 20120010402

    Original file (20120010402.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade is private first class (PFC)/E-3. The DA Form 199 (PEB Proceedings) documenting the PEB proceedings shows her rank as "PFC." Orders 194-0904, issued by Headquarters, U.S. Army Signal Center of Excellence, Fort Gordon, dated 13 July 2011, released the applicant from assignment and duty because of physical disability with an effective date of retirement of 26...

  • ARMY | BCMR | CY2011 | 20110018224

    Original file (20110018224.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of her records to show she held the rank of specialist four (SP4)/pay grade E-4 from 1 June 1981 through the date of her release from active duty (REFRAD) and payment of all pay and allowances due as a result of the correction. In addition, records show she was REFRAD in grade E-2 with an effective date of pay grade of 27 April 1981 and the applicant...

  • ARMY | BCMR | CY2008 | 20080002152

    Original file (20080002152.txt) Auto-classification: Approved

    Block 16 (Days Accrued Leave) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows zero amount of leave paid. There is no evidence of record which shows the applicant was paid 60 days accrued leave during her military career. Since there is no evidence of record which indicates the applicant was paid for the maximum amount of 60 days during her military career, it would be appropriate to pay her for 25.0 days of accrued leave and to amend her DD Form 214 for the...

  • ARMY | BCMR | CY2005 | 20050006239C070206

    Original file (20050006239C070206.doc) Auto-classification: Approved

    The preponderance of evidence and the advisory opinion shows the applicant enlisted for the postal operations MOS of 71LF5, which was authorized the SLRP in the amount of $20,000, and not for training as a parachutist (MOS 71LP). In the event the applicant has paid her loans as a result of the error in her enlistment contract, her military records may also be corrected to show her DA Form 5261-4-R was amended to include the sentence, “If a student loan is accepted by the officials...