IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080009585
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 his date of rank (DOR) to private (PV2)/E-2 from 18 July 2007 to 18 July 2001.
2. The applicant states, in effect, that his DOR is incorrectly shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides the following additional documentary evidence in support of his application:
a. DD Form 214, dated 17 January 2004.
b. Copy of his Enlisted Record Brief (ERB), dated 8 September 2003.
c. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 28 June 2006.
d. Joint Forces Headquarters, Oregon Army National Guard, Salem, Oregon, Orders 187-052, dated 6 July 2001.
e. U.S. Army Human Resources Command, St. Louis, Missouri, Orders C-11-635618, dated 8 November 2006.
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 he enlisted in the Regular Army for a period of 3 years in the rank/grade of private (PVT)/E-1 on 18 January 2001. He completed basic combat and advanced individual training and was awarded military occupational specialty 13D (Field Artillery Tactical Data Systems Specialist). He was subsequently advanced to private (PV2)/E-2 on 18 July 2001.
3. The applicant's records also show he was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 17 January 2004 for completion of required active service. Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of his DD Form 214 show the entries PV2 and E-2. Item 12h (Effective Date of Pay Grade) shows the entry 18 July 2007.
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. 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. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that Items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation, from ERB/ORB and Item 12h is obtained from the most recent promotion order (or reduction instrument), shows the effective date of promotion to the current pay grade.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant entered active duty on 18 January 2001 and was advanced to PV2/E-2 on 18 July 2001. He was honorably separated on 17 July 2004. In an apparent administrative error, the DD Form 214 he was issued at the time incorrectly listed his DOR to PV2 as "2007" instead of "2001." Therefore, the applicant's DD Form 214 should be corrected to show his correct DOR to PV2/E-2.
BOARD VOTE:
___X____ ___X____ ___X____ 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 "2007 07 18" from Item 12h of the applicant's DD Form 214, dated 17 January 2004 and replacing it with the entry "2001 07 18."
XXXX
______________________
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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