RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 April 2007
DOCKET NUMBER: AR20060014677
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. Gerard W. Schwartz
Acting Director
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. William F. Crain
Member
Mr. Dale E. DeBruler
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show first lieutenant (1LT)/pay grade O2E.
2. The applicant states, in effect, that he earned the enlisted identifier because he completed 4 years and 4 months of enlisted service.
3. The applicant provides a copy of his DD Form 214 with the effective date 1 March 1996 and his DD Form 214 with the effective date 29 July 1986 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 1 March 1996, the date of his discharge. The application submitted in this case is dated 27 September 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 served in the Regular Army in an enlisted status during the period 30 March 1982 through 29 July 1989 for a total net service of 4 years and 4 months.
4. The applicant was subsequently appointed as a second lieutenant on 17 August 1991.
5. The DD Form 214 with the effective date 1 March 1991 shows that the applicant completed 4 years, 6 months, and 15 days of net active service during the period covered by the DD Form 214 and 4 years and 4 months of prior active service.
6. Block 4b (Pay Grade) of the DD Form 214 with the effective date 1 March 1991 shows the entry "O2." This DD Form 214 shows no show the enlisted identifier which is noted with the letter E next to the numeric pay grade.
7. The Department of Defense Financial Management Regulation (DoDFMR), Volume 7A, provides the DoD policy on the pay and allowances of military personnel. Paragraph 010301 contains the policy and criteria for awarding the pay grades O1E, O2E, and O3E. It states, in pertinent part, that commissioned officers with over 4 years of prior active service as an enlisted member, warrant officer, or combined service in both grades are entitled to count such service for the purposes of computing basic pay for longevity purposes. Such prior service includes active service in either a Regular or Reserve component of both (i.e., active duty for training in an enlisted or warrant officer status, annual Reserve training duty, and full time National Guard duty). Service on active duty or active duty for training for at least 4 years and 1 day satisfies the over 4 year requirement of this section.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-1 of this regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be amended to show the enlisted service identifier was carefully considered and determined to have merit.
2. Evidence of record clearly shows that the applicant met the requirement for the enlisted identifier by successfully completing 4 years and 4 months of enlisted service prior to his appointment as a commissioned officer. Therefore, he is entitled to correction of his records to show that his pay grade was O2E at the time of his discharge.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 March 1996; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 February 1999. 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:
_DED_____ _WDP_ __WFC__ 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 Block 4b (Pay Grade) of the DD Form 214 with the effective date 1 March 1991 to show the entry "O2E."
_William F. Crain____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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