RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2008
DOCKET NUMBER: AR20080001602
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 records be corrected to reflect promotion to the rank of sergeant effective April 1981.
2. The applicant states that he was promoted to the rank of sergeant 2 weeks prior to his discharge. He continues, in effect, that he has tried to get his records corrected over the years, but has been unsuccessful.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) 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. The applicant's records show that he enlisted in the United States Army on 15 August 1977. He completed basic training and advanced individual training and was awarded the military occupational specialty 63B (Wheel Vehicle Mechanic). The highest rank he achieved was private first class/pay grade E-3.
3. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he was advanced to the rank of private/pay grade E-2 effective 15 February 1978. The applicant's DA Form 2-1 further indicates that he was advanced to the rank of private first class/pay grade E-3 effective 15 August 1978.
4. The applicant's DD Form 214 shows that he received an honorable discharge on 13 April 1979. Item 18 (Record of Service) of the applicants DD Form 214 shows that he completed a total of 1 year, 7 months, and 29 days of creditable active military service.
5. The applicant's military service records show that he was relieved from assignment and duty because of physical disability and placed on the Temporary Disability Retired List effective 13 April 1979.
6. The applicant's military service records show that he was removed from the Temporary Disability Retired List and discharged because of permanent physical disability effective 30 April 1981.
7. There are no orders in the applicant's available records which show that he was promoted to the rank of sergeant/pay grade E-5.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to reflect promotion to the rank of sergeant effective April 1981 was carefully considered and determined to be without merit.
2. There is no evidence in the applicant's available records and the applicant has not provided sufficient evidence showing that he was promoted to the rank of sergeant/pay grade E-5.
3. Absent such evidence, there is no basis to amend the applicant's records as requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_X____ __X_ _X____ 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.
________X______________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001602
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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