RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 September 2007
DOCKET NUMBER: AR20070007427
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jerome L. 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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his rank as private first class, pay grade E3.
2. The applicant states that his rank at the time of his discharge was private first class.
3. The applicant provides a copy of his DD Form 214.
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. The applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire.
3. The applicant's DD Form 214 shows in Item 3a (Grade, Rate, or Rank)
PVT-2 (P), indicating that his permanent rank and pay grade at the time of his discharge was private, pay grade E2.
4. Item 32 (Remarks) of the applicant's DD Form 214 does not contain any remarks indicating that the applicant may have held a temporary promotion to the rank of private first class.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence to substantiate the applicant's contention that he was a private first class at the time of his discharge.
2. However, should the applicant have additional evidence, or be able to obtain any evidence that clearly shows his rank as private first class, he may resubmit his application with such evidence for reconsideration. Any resubmission must reach the Board within 12 months of the date of this Record of Proceedings.
3. In view of the above, the applicant's request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LMD __ ___WDP_ __JLP _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_ William D. Powers ___
CHAIRPERSON
INDEX
CASE ID
AR20070007427
SUFFIX
RECON
DATE BOARDED
20070925
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110
2.
3.
4.
5.
6.
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