IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080009658
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show her rank as sergeant and pay grade as E-5.
2. The applicant states that her DD Form 214 incorrectly shows her as a specialist, pay grade E-4.
3. The applicant provides a copy of her DD Form 214.
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. On 3 May 1995, the applicant enlisted in the Regular Army for 3 years beginning in the rank of specialist, pay grade E-4. She completed her initial training and was awarded military occupational specialty (MOS) 92G (Food Service Specialist).
3. On 6 September 1995, the applicant was assigned for duty at Fort Hood, Texas.
4. Orders 054-0253, III Corps and Fort Hood, Texas, dated 23 February 1998, reassigned the applicant, in the rank and pay grade of specialist, E-4, to the United States Army Transition Center, Fort Hood, Texas, for transition processing. Her date of release from active duty was 2 May 1998.
5. On 2 May 1998, the applicant was released from active duty and transferred to the Texas Army National Guard for duty with the 149th Aviation Regiment, San Antonio, Texas. She had completed 3 years of creditable active service.
6. Item 4a (Grade, Rate, or Rank) of the applicants DD Form 214 shows her as a specialist. Item 4b (Pay Grade) of this same form shows E-4. Item 12 (Record of Service) of this same form shows in Block 12h an effective date of rank of
3 May 1995.
7. In a Personnel Action (DA Form 4187) dated 22 July 1998, the applicant requested discharge from the Texas Army National Guard (TXARNG) and transfer to the United States Army Reserve Control Group (Reinforcement). She stated her reason for this request was to further her education and to take care of family obligations. She identified herself as a specialist, E-4 in this request. Her request was approved on 23 July 1998. She was accordingly discharged from the TXARNG.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant enlisted in the Regular Army in the rank and pay grade of specialist, E-4. There is no evidence showing that she was ever promoted to a higher rank or pay grade during her period of active duty.
2. The applicants orders releasing her from active duty clearly show her rank and pay grade as specialist, E-4. Furthermore, her DD Form 214 reflects this same rank and pay grade.
3. Evidence shows that the applicant enlisted in the Texas Army National Guard as a specialist, pay grade E-4, and was subsequently discharged and reassigned to the United States Army Reserve Control Group (Reinforcement) in the rank and pay grade of specialist, E-4.
4. There is no available evidence showing that the applicant was ever promoted to sergeant, pay grade E-5, in the Regular Army, or in either Reserve Component.
5. In view of the above, there is no basis for granting the applicants request to change her rank and pay grade to sergeant, E-5.
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) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080009658
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110012462
In connection with her intent, she executed a Contingent Enlistment Addendum on 22 September 1993 wherein she acknowledged: Various Army enlistment incentives, such as enlistment bonuses must be approved by Congress. The authorization for enlistment bonuses expires on 30 September 1993. The "Remarks" block of her DA Form 7249 (Certificate and Acknowledgement of Service Requirements and Methods of Fulfillment for Individuals Enlisting or Transferring into Troop Program Unit (TPU) of the...
ARMY | BCMR | CY2013 | 20130022000
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Army Good Conduct Medal. His DD Form 214 for this period also shows his rank/grade as SPC/E-4 and his effective date of pay grade as 31 January 1991. There is no evidence in the applicant's records and he provides none to show he was ever recommended for or held the rank/grade of SGT/E-5 or CPL.
ARMY | BCMR | CY2009 | 20090004612
The applicants request for reinstatement as an officer in the Texas Army National Guard (TXARNG) was considered and denied by the Army Board for Correction of Military Records (ABCMR) on 4 May 2006. The evidence of record further shows that the applicant met with The Adjutant General to discuss his discharge and that The Adjutant General allowed him to later enlist as an enlisted Soldier. The evidence of records further shows that, while in the USAR Control Group (Reinforcement), the...
ARMY | BCMR | CY2005 | 20050003035C070206
The applicant requests that he be reinstated, promoted to the appropriate rank, paid all back pay and allowances due him, and that he be retired from the Texas Army National Guard (TXARNG). A National Guard Bureau Equal Opportunity Investigation, date of completion unknown, found that the applicant had been discriminated against and was a victim of mismanagement and therefore recommended he be reinstated in the TXARNG retroactively to the date of his separation (14 September 1991) and that...
ARMY | BCMR | CY2013 | 20130017329
BOARD DATE: 27 May 2014 DOCKET NUMBER: AR20130017329 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows the applicant served in the U.S. Navy and U.S. Navy Reserve from February 1982 to May 1995. By law, retired Army personnel who retired with less than 30 years of active service may be advanced in grade to the highest grade satisfactorily held when his active service plus his service on the retired list totals 30 years.
ARMY | BCMR | CY2014 | 20140017956
Application for correction of military records (with supporting documents provided, if any). Although his enlistment contract indicates he enlisted in pay grade E-6, his service record is void of evidence which indicates he held this rank while serving in the TXARNG during the period January 2007 through March 2014. However, upon application for retired pay at age 60 he can apply for retired pay at his higher grade provided he submits his promotion orders to CPT with his application.
ARMY | BCMR | CY2002 | 2002081455C070215
The applicant requests that her discharge be revoked and that she be transferred to the Retired Reserve. In support of her application, she submits copies of her: Election of Options Form; two follow-up requests dated 11 December 1997 and 14 June 2002; response memorandum from the 90 th Regional Support Team (RST), dated 25 July 2002; Notification of Eligibility for Retired Pay at age 60 (20-Year Letter), dated 21 February 1991; Army National Guard (ARNG) Retirement Points History...
ARMY | BCMR | CY2006 | 20060008821
The applicant continues that under the current Army Regulation 600-8-19 (Enlisted Promotions and Reductions) Soldiers are allowed to be promoted while injured and that paragraph 7-20f(3), states that the promotion criteria for Soldiers who are already promotable and pending a medical evaluation board (MEB) or a physical evaluation board (PEB) referral will not be denied promotion based on medical disqualification if they are otherwise qualified for promotion. The applicant provides copies...
ARMY | BCMR | CY2011 | 20110000360
She was to be assigned to the Medical Retention Center, Fort Hood, TX, with report date of 8 December 2006 for a period of 179 days to end 4 June 2007. c. Texas Military Forces, Army National Guard, Orders 164-1057, dated 13 June 2007, which announce that effective 15 May 2007, she was transferred to the Inspector General, Headquarters and Headquarters Company 36th Infantry Division, Austin, TX. The evidence of record shows that the applicant was selected for promotion to LTC with an...
ARMY | BCMR | CY2008 | 20080015398
IN THE CASE OF: BOARD DATE: 2 April 2009 DOCKET NUMBER: AR20080015398 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). USAHRC - St. Louis, Orders B-01-800601, dated 16 January 2008, promoted the applicant to 1LT, effective 27 November 2007, with a DOR of 27 November 2007.