RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 August 2005
DOCKET NUMBER: AR20040008661
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.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Richard P. Nelson | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Richard T. Dunbar | |Member |
| |Ms. LaVerne M. Douglas | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of Item 4b (Pay Grade) of his DD Form
214 (Certificate of Release or Discharge From Active Duty) to show pay
grade E-4.
2. The applicant states that his DD Form 214 is in error and should
reflect pay grade E-4.
3. The applicant provides a copy of a reassignment alert, dated 27
September 1985.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error that
occurred on 21 January 1986. The application submitted in this case is
dated 5 October 2004.
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’s military records show that he enlisted in the Regular
Army on 17 July 1984 and trained in Military Occupational Specialty 12B10
(Combat Engineer). He later attended Airborne Training, prior to being
assigned to Fort Devens, Massachusetts.
4. The applicant was promoted to pay grade E-2 on 17 January 1985 and to
pay grade E-3 on 17 July 1985. There is no indication in his records that
he was ever, at any time throughout his military service, promoted to pay
grade E-4.
5. The applicant was discharged from the Army, in pay grade E-3, on 21
January 1986 under the provisions of Army Regulation 635-200, Chapter
14 (Misconduct). He was discharged under honorable conditions and
furnished a General Discharge Certificate (DD Form 257A).
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record, and the applicant has not provided any
evidence, that he was promoted to pay grade E-4.
2. In order to justify correction of a military record the applicant must
show, 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.
3. In view of the foregoing, there is no basis for granting the
applicant's request.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 January 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 January 1989. However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
___ ___ __ _ __ __ __ GRANT FORMAL HEARING
___jea___ ___rtd___ ___lmd_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's
failure to timely file this application within the 3-year statute of
limitations prescribed by law. Therefore, there is insufficient basis to
waive the statute of limitations for timely filing or for correction of the
records of the individual concerned.
____James E. Anderholm_________
CHAIRPERSON
INDEX
|CASE ID |AR20040008661 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050804 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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