RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 February 2008
DOCKET NUMBER: AR20070014982
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Carmen Duncan
Member
Ms. Rea M. Nuppenau
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 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).
2. The applicant states, in effect, that the incorrect rank and grade are shown due to an administrative oversight.
3. The applicant provides a copy of his DD Form 214, dated 15 June 1987 and a copy of his DA Form 4874 (Certificate of Promotion), dated 30 April 1987, in support of his 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. The applicant's record shows he enlisted in the Regular Army on 14 August 1984 in the grade of private (PVT)/E-1 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63Y (Track Vehicle Repairer).
3. The applicant's record further shows he served in Germany from 9 January 1985 to 30 September 1986. He was assigned to the 58th Combat Engineer Company, 11th Armored Cavalry Regiment. During his service in Germany, he was promoted to private (PV2)/E-2 on 14 February 1985 and to private first class (PFC)/E-3 on 1 May 1985.
5. The applicant's record reveals a disciplinary history which includes his acceptance of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 9 May 1986. The facts and circumstances surrounding this Article 15 are not available for review with this case. However, his records show that on 16 June 1986, the suspension of punishment of reduction to PV2/E-2, suspended for 90 days, imposed on 9 May 1986 was vacated because the applicant failed to report for duty on 6 June 1986.
6. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he was reduced from PFC/E-3 to PV2/E-2 effective 9 May 1986.
7. Upon completion of his overseas tour, the applicant was reassigned to the 1st Maintenance Company, 1st Infantry Division, Fort Riley, Kansas.
8. 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 1987.
9. The applicant's records do not reveal a DA Form 4187 or a permanent order that shows he was promoted to SPC/E-4.
10. The applicant was honorably released from active duty in accordance with chapter 16 of Army regulation 635-200 (Personnel Separations) by reason of reduction in authorized strength. Item 4a and 4b of his DD Form 214 show the entries "PFC" and "E-3," respectively.
11. The applicant submitted a "Certificate of Promotion," dated 30 April 1987, that shows he was promoted to "Specialist Four" effective 30 April 1987. The certificate was authenticated by the same officer who authenticated his DA Form 4187, dated 1 February 1987.
12. Army Regulation 635-5 (Separation Documents), prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. In pertinent part it stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It also stated, in pertinent part, that Items 4a and 4b will list the current rank and pay grade held at the time of separation. Item 12h will list from the most recent promotion order (or reduction instrument) the effective date of promotion to the current pay grade.
13. Army Regulation 600-200 prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. This regulation specifies that the Enlisted Advancement Report is the official instruction used by company commanders to recommend a Soldier for promotion to specialist four or below. A DA Form 4187 is prepared and forwarded for approval. Upon approval, a promotion certificate is prepared and a promotion ceremony is conducted.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to correction of his record to show his rank as SP4/E-4.
2. There is no evidence in the applicant's record that shows he was promoted to SP4/E-4. The applicant's records do not contain a permanent order (DA Form 4187) that shows he was promoted to SP4/E-4. There is no entry in Item 18 of his DA Form 2-1 that shows he was promoted to SP4/E-4. The last piece of documentary evidence shows his rank as PFC/E-3 on 1 February 1987. In the absence of evidence to the contrary, his rank and grade are entered on his DD Form 214 are presumed to be correct. Therefore, he is not entitled to relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jtm___ __cd____ __rmn___ 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.
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.
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