IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080009005
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 DD Form 215, Correction To DD Form 214, be corrected to show he was discharged as a specialist, pay grade E-4.
2. The applicant states that when he requested an extra copy of his DD Form 214, a DD Form 215 was published which showed he was discharged as a private, pay grade E-3.
3. The applicant provides documents which he lists in 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 applicants military records show that he enlisted in the Regular Army on 28 February 1989, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-4.
3. On 17 December 1992, the applicant was reduced to pay grade E-3 by his commander.
4. On 6 January 1993, the applicant was honorably discharged due to physical disability with severance pay. His DD Form 214 shows he was discharged as a specialist, pay grade E-4.
5. On 8 January 1993, the applicants separation orders were amended to show that he was being separated as a private first class, pay grade E-3.
6. On 6 August 1993, a DD Form 215 was issued which showed the applicant was discharged as a private, pay grade E-3.
DISCUSSION AND CONCLUSIONS:
1. While the applicant was promoted to pay grade E-4, he was reduced to private, pay grade E-3 prior to his discharge.
2. As such, there is no basis for granting the applicants request.
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) AR20080009005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080009005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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