RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2007
DOCKET NUMBER: AR20060011243
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. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. William Powers
Chairperson
Mr. Paul Smith
Member
Mr. Jerome Pionk
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 that his rank on U.S. Army Physical Disability Agency Orders D62-15, dated 30 March 2001, be changed to show specialist not private first class.
2. The applicant states that he has two sets of orders, one order reflects the change to the rank of specialist, and the other order does not.
3. The applicant provides a copy of U.S. Army Physical Disability Agency Orders D62-15, dated 30 March 2001; a copy of United States Army Europe Orders 092-002, dated 2 April 2001; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 20 June 2001. The application submitted in this case is dated 20 July 2006.
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 applicants failure to timely file.
3. The applicant enlisted on 27 October 1998 and served as a signal support systems specialist.
4. U.S. Army Physical Disability Agency Orders D62-15, dated 30 March 2001, show the applicant would be released from active duty effective 20 June 2001 and placed on the Temporary Disability Retired List (TDRL) effective 21 June 2001 with a disability rating of 30 percent. His retired rank is shown as private first class.
5. The applicants DD Form 214 shows that he was released from active duty on 20 June 2001 and placed on the TDRL the following day. Item 4a (Grade, Rate, or Rank) on his DD Form 214 shows the entry, SPC [specialist] and item 4b (Pay Grade) shows the entry, E4. Item 12h (Effective Date of Pay Grade) on his DD Form 214 shows the entry, 2000 12 27.
6. Records at the Defense Finance and Accounting Service show the applicant was drawing E-4 pay on his date of separation.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was a specialist, E-4 on 20 June 2001. Therefore, U.S. Army Physical Disability Agency Orders D62-15, dated
30 March 2001, should be corrected to show the applicants retired rank was specialist.
2. Records show the applicant should have discovered the alleged error now under consideration on 20 June 2001; therefore, the time for the applicant to file a request for correction of any error expired on 19 June 2004. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
WP____ __PS____ _JP_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending U.S. Army Physical Disability Agency Orders D62-15, dated 30 March 2001, to show his retired rank as specialist.
____William Powers____
CHAIRPERSON
INDEX
CASE ID
AR20060011243
SUFFIX
RECON
DATE BOARDED
20070313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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