IN THE CASE OF:
BOARD DATE: 5 June 2008
DOCKET NUMBER: AR20080004826
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his Honorable Discharge Certificate from the Army National Guard to show his rank as sergeant (SGT),
E-5.
2. The applicant states that his rank should have been E-5 when he was discharged from the Army National Guard, but his discharge certificate shows his rank as specialist four (SP4), E-4.
3. The applicant provides a copy of his Honorable Discharge Certificate, dated 11 July 1986; his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); and a NGB Form 22A (Correction to NGB Form 22).
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 applicants military records are not available to the Board. This case is being considered using the documents provided by the applicant.
3. The applicants NGB Form 22 shows he enlisted in the Army National Guard on 12 July 1983 with prior service. He served in the Inactive Guard from 1 November 1984 through 11 July 1986.
4. The applicant was discharged from the Army National Guard on 11 July 1986.
5. Item 5a (Rank) and item 5b (Pay Grade) on his NGB Form 22 shows his rank and pay grade as SP4 and E-4. His date of rank is shown as 12 July 1983 in item 6.
6. The applicants Honorable Discharge Certificate shows his rank as SP4 on the standard name line.
7. An NGB Form 22A, dated 14 January 1987, amended items 5a, 5b, and 6 on the applicants NGB Form 22 to show his rank and pay grade as SGT, E-5 and his date of rank as 12 July 1983.
DISCUSSION AND CONCLUSIONS:
1. The applicant was issued an NGB Form 22A in January 1987 which amended his rank to SGT, E-5 with a date of rank of 12 July 1983. However, his Honorable Discharge Certificate shows his rank as SP4.
2. It appears that an administrative error has occurred in this case regarding the applicants rank on his Honorable Discharge Certificate. Therefore, it would be appropriate to amend his Honorable Discharge Certificate, dated 11 July 1986 to show his rank as SGT.
BOARD VOTE:
xx______ xx______ xx______ 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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending his Honorable Discharge Certificate, dated 11 July 1986, to show his rank as SGT.
xxxxxxxxx______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080004826
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ABCMR Record of Proceedings (cont) AR20080004826
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