IN THE CASE OF:
BOARD DATE: 22 May 2008
DOCKET NUMBER: AR20080005268
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 correction of her effective date of pay grade to sergeant (SGT)/E-5 from 1 June 1982 to 1 June 1987.
2. The applicant states that she was promoted to SGT/E-5 on 1 June 1987 and that her DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects the incorrect date.
3. The applicant provides a copy of her DD Form 214, dated 24 July 1992, and a copy of her promotion orders, in support of her 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 she enlisted in the Regular Army for a period of 3 years on 1 September 1982. She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist). Her records also show she executed
three 3-year reenlistments in the Regular Army on 5 April 1985, 11 February 1988, and 11 October 1990.
3. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows the applicant was promoted to private first class (PFC) on 1 July 1983, to specialist four (SP4) on 1 June 1984, and to SGT on 4 May 1987.
4. Section II (Qualification data) of the applicant's DA Form 2A (Personnel Qualification Record) shows the applicant's date of rank (DOR) to SGT as 2 May 1987.
5. Headquarters, 573rd Personnel Service Company, Fort Bragg, North Carolina, Orders Number 97-14, dated 28 May 1987, show the applicant was promoted to SGT/E-5 with date of rank (DOR) of 2 May 1987 and an effective date of promotion as 1 June 1987.
6. On 2 June 1992, the applicant requested separation from the Regular Army under the Voluntary Early Transition Program. Accordingly, she was honorably discharged and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve) on 24 July 1992.
7. Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of the applicant's DD Form 214 reflect the entries SGT and E-5 respectively. Item 12h (Effective Date of Pay Grade) shows the entry "82 06 01."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The active duty grade or rank and pay grade at the time of the Soldier's separation, were entered in Item 4 and the effective date of pay grade was entered in Item 12h.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was promoted to SGT/E-5 with 2 May 1987 as her DOR and 1 June 1987 as her effective date of promotion. It is unclear why her effective date of promotion to E-5 shown on her DD Form 214 reflects 1 June 1982. She could not have been promoted to E-5 on 1 June 1982 since she did not have prior service and did not enter the Regular Army until 1 September 1982.
2. It appears that the incorrect entry on her DD Form 214 is the result of an administrative error that should be corrected. Therefore, the applicant is entitled to correction of her records to show the effective date of promotion to SGT/E-5 as 1 June 1987.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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 Department of the Army records of the individual concerned be corrected by deleting the entry "82 06 01" from Item 12h of the applicant's DD Form 214, dated 24 July 1992 and replacing it with the entry "87 06 01."
XXX
_ _______ ___
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.
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