RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 January 2008
DOCKET NUMBER: AR20070012312
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
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. David K. Haasenritter
Chairperson
Mr. James R. Hastie
Member
Mr. Edward E. Montgomery
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 item 5a (Rank), of his NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service), dated 25 March 1987, be corrected to show the entry "SP4 (Specialist Four)" instead of the entry "PV2" and item 5b (Pay Grade) be corrected to show the entry "E4" instead of the entry "E2."
2. The applicant states that during the time period from 1982 to 1986 he served in pay grade E-4 and that his NGB Form 22, dated 25 March 1987, is incorrect.
3. The applicant provides no additional documentation in support of his request
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 show he enlisted on 1 September 1982 in the Oregon Army National Guard (ORARNG), in pay grade E-1, with prior Regular Army service. He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B. He was promoted to SP4/E-4 effective 27 September 1985.
3. Item 18 (Appointments and Reductions), of his DA Form 2-1 (Personnel Qualification Record Part ll), shows that he was reduced to pay grade E-3 effective 15 January 1987.
4. On 8 February 1987, orders were published reducing the applicant to pay grade E-2, for misconduct, with an effective date and date of rank (DOR) of 8 February 1987.
5. The applicant was discharged with a general, under honorable conditions, discharge, from the ORARNG in the rank/pay grade, Private/E-2, on 25 March 1987, under the provisions of National Guard Regulation 600-200, paragraph 7-10r, for unsatisfactory participation, and was transferred to the IRR (Individual Ready Reserve). He was discharged from the IRR on 25 August 1988, in pay grade E-2.
6. There is no evidence in the available records that shows he was promoted back to or recommended for promotion to the rank and pay grade of "SP4/E-4" prior to his separation from active duty.
7. Item 5a, of his NGB 22, dated 25 March 1987, shows the entry "PV2"; item 5b, shows the entry "E2"; and item 6 (Date of Rank), shows the entry "87 02 08" (8 February 1987).
8. National Guard Regulation (NGR) 600-200, establishes the standards, policies and procedures for the management of ARNG enlisted Soldiers and specifically the policy for enlisted promotion, appointment, and reduction. Section V pertains to reduction. Paragraph 6-32, in effect, at the time provides that unless otherwise directed by the State Adjutant General, commanders who have the authority to promote enlisted personnel also have the authority to reduce enlisted personnel. The administrative procedures provided in Army Regulation 600-200 will be used as a guide. These procedures must be strictly followed when individuals are reduced for inefficiency.
9. Paragraph 7-10r provides for the separation of personnel due to unsatisfactory participation of members.
10. Table 8-2, of NGR 600-200, provides instructions for the preparation of the NGB Form 22. It states, in pertinent part, that item 5a will be completed to show the 3-digit abbreviation of the Soldier's rank, item 5b to show the pay grade for the appropriate rank in item 5a, and item 6 will be completed to show the appropriate DOR for the rank and pay grade in items 5a and 5b.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was promoted to pay grade E-4 on 27 September 1985. He was reduced to pay grade E-3 on 15 January 1987 for reasons unknown and to E-2 on 8 February 1987 for misconduct. He served until he was discharged under honorable conditions on 25 March 1987, in pay grade E-2.
2. The applicant contends that he served in pay grade E-4 from 1982 to 1986 and that his NGB Form 22, dated 25 March 1987, is incorrect. The evidence shows that he served in pay grade E-4 from 27 September 1985 until 15 January 1987, the date he was reduced to pay grade E-3.
3. The applicant has failed to show that he was again promoted to or was recommended for promotion to the rank and pay grade of SP4/E-4 prior to his separation from active duty on 25 March 1987. Therefore, there is insufficient evidence to correct item 5a and 5b, of his DD Form 214, to show the entry "SP4 and E4", as requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___DKH__ __JRH__ __EM___ 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.
_____David K. Haasenritter ________
CHAIRPERSON
INDEX
CASE ID
AR20070012312
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080125
TYPE OF DISCHARGE
GD
DATE OF DISCHARGE
19870325
DISCHARGE AUTHORITY
AR NGR 600-200, CHAP. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
144
2.
3.
4.
5.
6.
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