IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080006947 


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 that his rank be change from Private (PV2) pay grade E-2 to Specialist Four pay grade E-4.

2.  The applicant states, in effect, that he was a specialist four; his rank did not catch up to him before being discharged.  He adds that he wants the right rank on his headstone when he dies.

3.  The applicant provides no additional documents 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 applicant’s 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 applicant’s 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 service records show that he was inducted into the Army of the United States on 14 April 1971.
3.  The applicant's military service records contain a copy of his DA Form 2-1 (Personnel Qualification Record).  This document shows, in pertinent part, in Item 18 (Appointments and Reductions) that the applicant was promoted to the rank of Private pay grade E-2.

4.  On 30 June 1971, the applicant requested separation under the provisions of Army Regulation 635-200, Chapter 6 (Hardship).  The stated reason for his request was that he and his wife were expecting their second child in 3 months; that his wife had kidney trouble and constantly needed a doctor’s care and they were experiencing financial problems.  At that time the applicant’s wife was 
19 years old and the applicant was 20 years old.  

5.  On 30 July 1971, the appropriate authority approved the applicant’s request for discharge.  On 8 September 1971, the applicant was discharged from active duty in pay grade E-2.  His service was characterized as honorable.  He had completed a total of 4 months and 25 days of creditable active service and had no lost time.  Item 5a (Grade, Rate, or Rank) of this document contains the entry "PV2"; Item 5b (Pay Grade) contains the entry "E2"; and Item 6 (Date of Rank) contains the entry “13 August 71”.  The applicant authenticated this separation document with his signature in Item 32 (Signature of Member Being Separated).

6.  The applicant's military service records are absent any promotion orders, promotion documents, or reduction instruments.

7.  Army Regulation 635-200, Chapter 6 states that Soldiers of the Active Army and the Reserve Components may be discharged or released because of genuine dependency or hardship.  The regulation provides that hardship exists when, in circumstances not involving death or disability of a member of a Soldier’s (or spouses) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.  Under this provision for hardship discharge, parenthood of married service women and sole parenthood are the two conditions under which separation may be granted.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the Official Military Personnel File (OMPF).
9.  The Army separation documents regulation, in effect at the time of the applicant's release from active duty, contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 5a (Grade, Rate or Rank) and Item 5b (Pay Grade) are to enter the active duty grade or rank and pay grade at the time of separation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the rank and pay grade shown on his discharge document should be corrected to show Specialist Four when he was separated from active duty.  

2.  The evidence of records shows the applicant was inducted into the Army on 14 April 1971 and he was promoted to the rank of PV2 on 13 August 1971.  However, the applicant's military service records are absent an order/document promoting him to the rank of Private First Class or Specialist Four.  In this regard, the applicant's military service records are also absent any reduction document/instrument, which might account for the change in rank from PV2 to SPC-4.  He was discharged from the Army on 8 September 1971.

3.  The evidence of record shows that the applicant authenticated the DD Form 214 with his signature on the date of his separation.  In effect, this was his verification that the information contained on the separation document, to include the information in Items 5a and Item 5b were correct at the time the document was prepared and issued.  Absent any additional evidence of record corroborating the fact the applicant was promoted to the rank and pay grade of Specialist Four (E-4), prior to being released from active duty, there is an insufficient evidentiary basis to provide the requested relief at this time.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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
      
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)                                         AR20080006947



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ABCMR Record of Proceedings (cont)                                         AR20080006947



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