RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 SEPTEMBER 2005
DOCKET NUMBER: AR20040011632
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 |
| |Ms. Gale J. Thomas | |Analyst |
The following members, a quorum, were present:
| |Mr. Lester Echols | |Chairperson |
| |Mr. Paul Smith | |Member |
| |Mr. Leonard Hassell | |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, in effect, that his May 1992 DD Form 214
(Certificate of Release or Discharge from Active Duty) be corrected to show
the rank of Private First Class (PFC), pay grade E-3, instead of the rank
of PV1 [Private], pay grade E-1.
2. The applicant states that he completed his duty as a PFC as shown on
his discharge certificate.
3. The applicant provides a copy of his March 1999 discharge certificate
in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 23 March 1999. The application submitted in this case is dated
4 December 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 limitations 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 enlisted in the US Army Reserve on 22 March 1991 for 8
years.
4. On 26 November 1991 he was ordered to active duty for training. He
completed his training and was released from active duty on 1 May 1992 in
the pay grade of E-1 and returned to his Reserve unit.
5. On 2 May 1992 and 1 April 1993, the applicant was promoted to the pay
grades of E-2 and E-3, respectively.
6. The applicant transferred to the USAR Control Group (AT) on 28 February
1995. He served until 23 March 1999 when he was honorably discharged in
pay grade E-3.
7. Army Regulation 635-5 establishes the standardized policy for preparing
and distributing the DD Form 214. In pertinent part, it directs that item
4a (Grade, Rate or Rank) and item 4b (Pay Grade) will contain the rank and
pay grade of the individual concerned at the time of separation. At the
time of the applicant’s release from active duty he was a Private, E-1.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty on 1 May 1992. At the time
of his separation he was a Private, E-1, and his DD Form 214 accurately
reflects his correct rank and pay grade.
2. Despite the fact that he was promoted in 1993 and discharged in 1999 in
the rank of Private First Class, E-3, his 1992 DD Form 214 cannot be
changed to reflect his later rank and pay grade.
3. In view of the foregoing, there was no error or injustice in the
applicant’s records that required correcting by this Board.
4. 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 that requirement.
5. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 March 1999; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
22 March 2002. 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
__LE____ ___PS __ __LH ___ 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.
______Lester Echols_______
CHAIRPERSON
INDEX
|CASE ID |AR20040011632 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050929 |
|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. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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