RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 November 2007
DOCKET NUMBER: AR20070002469
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.
Ms. Catherine C. Mitrano
Director
Mr. Rial D. Coleman
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Jeanette R. McCants
Member
Mr. Scott W. Faught
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 and pay grade be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he was advanced to private first class/pay grade E-3 after the paperwork for his DD Form 214 was filed.
3. The applicant provides a DA Form 4187 (Personnel Action) as documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Records show the applicant entered active duty on 19 November 1987 and served until his term of service expired 18 November 1991.
3. The DD Form 214 issued at the time of the applicant's release from active duty shows that he held the rank of private and the pay grade E-2.
4. The applicant's record contains a DA Form 4187 which shows that he was advanced to private first class/pay grade E-3 effective 1 October 1991 with a date of rank of 1 October 1991. This form was authenticated by an authorized promotion authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be amended to show his rank and pay grade as private first class/E-3 was carefully considered and determined to have merit.
2. Evidence clearly shows that the applicant was advanced to private first class/
pay grade E-3 on 1 October 1991. Therefore, he is entitled to correction of his DD Form 214 to show the rank of private first class and the pay grade of E-3.
3. Additionally, Defense Finance and Accounting Services should audit the applicant's pay records and provide him with any pay and allowances due as a result of this correction.
BOARD VOTE:
__JTM__ __JRM___ __SWF__ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show in Block 4a (Grade, Rate, or Rank) the entry PFC", in Block 4b (Pay Grade) the entry "E-3", and that he be paid all back pay and allowances due as a result of the above corrections.
John T. Meixell_____
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.
ARMY | BCMR | CY2006 | 20060014820
The applicant requests that his rank and pay grade be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant's records contain a DA Form 4187 which shows that he was promoted (sic) to private first class/pay grade E-3 effective 10 September 2004 with a date of rank of 10 September 2004. Evidence clearly shows that the applicant was advanced to private first class/ pay grade E-3 on 10 September 2004.
ARMY | BCMR | CY2007 | 20070014982
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 June 1987, to show "specialist four (SP4)" instead of "private first class (PFC)" in Item 4a (Grade, Rate or Rank) and "E-4" instead of "E-3" in Item 4b (Pay Grade). DA Form 4187 (Personnel Action), dated 1 February 1987, shows that the applicant was promoted to PFC/E-3 in accordance with Army regulation 600-200 (Enlisted Personnel Management System), effective 1 February...
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James Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's DD Form 214 shows he was promoted to PFC/E-3 with an effective date of 18 April 2003. Therefore, it would be appropriate to correct the applicant's records to show he was promoted to SPC/E-4 with an effective date and date of rank of 1 April 2004.
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The applicant requests: a. correction of item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 February 1992 to show his rank/pay grade as private first class (PFC)/E-3 and b. correction of his DD Form 1966 (Record of Military Processing Armed Forces of the United States) to show he graduated from the TESST Electronic School. Item 23 of the applicant's DD Form 1966, dated 21 June 1991, shows...
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The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank as private first class, pay grade E-3 at the time of her discharge. The applicant requests correction of her DD Form 214 to show her rank as private first class, pay grade E-3 at the time of her discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing on her DD Form 214 her rank and...
ARMY | BCMR | CY2008 | 20080012154
However, based on the above evidence that shows the applicant was advanced to the pay grade of E-4, PERSCOM Orders D168-3, dated 25 August 1992, should be amended to show his retired grade and rank as SPC/E-4, with entitlement to back pay and allowances. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry in item 12h of his DD Form 214; b. amending his DD Form 214 in item 12h to add 29 July 1992; c....
ARMY | BCMR | CY2003 | 2003085053C070212
The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was promoted to SPC with an effective date and with a date of rank of 1 November 1993. The applicant was reduced from PFC to private (PV2), pay grade E-2 with an effective date of 21 November 1996 and with a date of rank of 7 March 1991 by Company B, 898th Engineer Battalion Orders Number 4-1, dated 21 November 1996, for unsatisfactory participation. The applicant was discharged from the Army National Guard on 8 March...
ARMY | BCMR | CY2009 | 20090011793
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of two Army Achievement Medals and his promotion to pay grade E-4. The applicant requests that his record be corrected to show two awards of the Army Achievement Medal. The evidence of record shows that while serving in the Regular Army the applicant was advanced to pay grade E-3 on 30 December 1992, the highest grade he satisfactorily held during his period...
ARMY | BCMR | CY2008 | 20080015831
The applicant requests, in effect, that her records be corrected to show that she was advanced to pay grade E-3. The applicant requests, in effect, that her records be corrected to show that she was advanced to pay grade E-3. Since the date of rank and effective date are in the month the applicant first became eligible for advancement to pay grade E-2 (March 1991), this Personnel Action appears to have been properly prepared.
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