| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Roger W. Able | Chairperson | ||
| Ms. Linda D. Simmons | Member | ||
| Mr. Robert J. Osborn | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his discharge from the United States Army Reserve (USAR) be corrected to reflect that he was discharged in the pay grade of E-5.
2. The applicant states that he was honorably discharged from the Ohio Army National Guard (OHARNG) in the pay grade of E-5 on 29 March 1996; however, on 31 December 1996 he was discharged from the USAR in the pay grade of E-2.
3. The applicant provides copies of his separation documents and his promotion orders.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 31 December 1996. The application submitted in this case is dated 9 May 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant served in the OHARNG for 7 years, 3 months and 2 days before being honorably discharged in the pay grade of E-5 on 29 March 1996. He was transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation.
4. On 31 December 1996, the applicant was honorably discharged from the USAR in the pay grade of E-2.
DISCUSSION AND CONCLUSIONS:
1. The applicant was serving in the pay grade of E-5 at the time he was discharged from the OHARNG and was transferred to the USAR.
2. It is apparent that an administrative error resulted in the applicant being honorably discharged from the USAR in the pay grade of E-2 instead of the pay grade of E-5.
3. Accordingly, it would be in the interest of justice to correct his records to show that he was honorably discharged from the USAR on 31 December 1996, in the pay grade of E-5.
4. Likewise, it would also be appropriate to provide him with an Honorable Discharge Certificate indicating his discharge in the pay grade of E-5, to replace the Honorable Discharge Certificate now held by him indicating he was discharged in the pay grade of E-2.
BOARD VOTE:
_LDS__ __RJO___ ___RA__ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003091792 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2004/03/18 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1.110.0000 | 189/CORRECT DISCHARGE GRD |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003091792.C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant was serving in the pay grade of E-5 at the time he was discharged from the OHARNG and was transferred to the USAR. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.
ARMY | BCMR | CY2011 | 20110000832
The applicant states that: * in 1993 he was transferred to the Individual Ready Reserve * in 1996 and 1998 his military record was submitted to the Reserve Components Selection Board (RCSB) for consideration for promotion to captain * he was passed over both times due to non-completion of the Officer Advanced Course * he enlisted in the Arizona Air National Guard (AZANG) and served from November 1996 to 1999 * he was not eligible for promotion to captain in May 1998 3. An advisory opinion...
ARMY | BCMR | CY2008 | 20080006724
The applicant requests, in effect, that his military records be corrected to show he was discharged from the U.S. Army Reserve (USAR) on 21 June 1996, the date of his completion of his military obligation instead of 27 December 2001. There is no record of the applicant's appointment in the USAR. Without evidence to the contrary, it is presumed that effective the day he was discharged from the RA, the applicant accepted an appointment in the USAR to complete his military service obligation.
ARMY | BCMR | CY2008 | 20080016770
The applicant requests, in effect, award of constructive credit for his 10 years of pastoral experience and adjustment to his dates of rank (DOR) for captain and major. In support of his application, the applicant provides copies of an Army Reserve Personnel Center-St. Louis (ARPC-SL) Form 1035 (Computation Sheet for Establishing Constructive Commissioned Service Date, DOR, and Projected Promotion Eligibility Date of Reserve Officers), two DD Forms 2088, his U.S. Army Reserve (USAR)...
ARMY | BCMR | CY2011 | 20110023567
On 20 October 2011, the ABCMR corrected his records by: * Showing the orders withdrawing his Federal recognition effective 1 July 1993 were issued in a timely manner * Showing that as a result of the above correction his second non-selection to CPT was void * Expunging from his records all documents related to his second consideration and non-selection for promotion to CPT 13. c. he should be granted every opportunity to serve the OHARNG as a commissioned officer and considering the error...
ARMY | BCMR | CY2002 | 2002068872C070402
The applicant requests, in effect, that his records be corrected to show that he was discharged from the US Army Reserve (USAR) on 22 March 1995, not 16 January 1996. The applicant’s military records show that he enlisted in the USAR for 6 years in pay grade E-4 with prior service on 23 March 1989. The applicant was required to be discharged at his ETS on 22 March 1995.
ARMY | BCMR | CY2009 | 20090003517
The applicant requests, in effect, that his medically unfit for retention discharge from the Ohio Army National Guard (OHARNG) be changed and he be reinstated in the OHARNG. In support of his application, the applicant provides copies of his 2003 and 2007 DA Forms 3349 (Physical Profile), his Medical Record Consultation Sheet, his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service), a note from his medical doctor, his Pulmonary Function paperwork, his unsigned...
ARMY | BCMR | CY2002 | 2002075114C070403
APPLICANT REQUESTS: In effect, that he be granted service points for the time he spent in the United States Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)) and that he be placed in the Retired Reserve effective 6 December 1994, when he left the active Reserve. The applicant submitted his request for Retired Pay at age 60 on 1 May 2002. The applicant’s contentions have been noted by the Board; however, they are not supported by the evidence submitted with his application...
ARMY | BCMR | CY2009 | 20090017175
The applicant requests, through his counsel, 3 years of qualifying service in the U.S. Army Reserve (USAR) in order to become eligible for non-regular service retirement pay. Counsel requests the applicant's records be corrected to show he has 20 years of qualifying service toward retirement. Upon the applicant's release from the OHARNG on 30 June 1997 he had earned 15 years of qualifying service for eligibility for non-regular service retirement pay.
ARMY | BCMR | CY2002 | 2002074701C070403
On 29 August 1977, the applicant was separated in absentia from the USAR under the provisions of chapter 10, Army Regulation 635-200 with a UOTHC discharge due to conduct triable by court-martial. Although an honorable or general discharge was authorized, a UOTHC discharge was considered appropriate. There is no indication that he was any less mature than countless other young men and women who reported for active duty, serving honorably and without incident.