Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080012154
Original file (20080012154.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  20 November 2008

		DOCKET NUMBER:  AR20080012154 


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, in effect, that his retirement orders be corrected to show the rank and pay grade of Specialist (SPC)/E-4.  He also requests all promotion back pay and allowances effective 25 September 1992.

2.  The applicant states, in effect, that he was medically retired and his retirement orders do not reflect his correct rank. 

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 24 September 1992.

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 enlisted in the Regular Army on 29 May 1990 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  A DA Form 4187, dated 10 April 1991, shows that the applicant was advanced to the rank and pay grade of Private First Class (PFC)/E-3 with an effective date of 29 May 1991.

4.  A DA Form 4187, dated 29 June 1992, shows he was advanced to the rank and pay grade of SPC/E-4 with an effective date of promotion of 29 July 1992.  There is no evidence of any adverse information or that he was later reduced.

5.  On 24 September 1992, the applicant was retired and was placed on the temporary disability retired list (TDRL) on 25 September 1992.

6. The applicant’s DD Form 214 with the period ending 24 September 1992 shows in item 4a (Grade, Rate, or Rank) the rank of SPC.  Item 4b (Pay Grade) shows the pay grade of E-4.  Item 12h (Effective Date of Pay Grade) shows the entry "910529."

7.  U.S. Total Army Personnel Command (PERSCOM) Orders D168-3, dated 
25 August 1992, show that the applicant was placed on the TDRL effective 
25 September 1992, in the retired grade and rank of PFC.

8.  PERSCOM Orders D74-8, dated 8 April 1996, show the applicant was removed from the TDRL with a disability rating of 40 percent and permanently retired.  The standard name line on these orders shows his rank as SPC.

9.  On 2 September 2008, Defense Finance and Accounting Service (DFAS) confirmed that the applicant was receiving retired pay at the rank and pay grade of PFC/E-3.

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 4187, dated 30 June 1992, shows the applicant was advanced to the pay grade of E-4 prior to separation and being placed on the TDRL.  Therefore, item 12h of his DD Form 214 with the ending period 24 September 1992 should be corrected to show his effective date of pay grade as 29 July 1992.  His DD Form 214 correctly shows his rank and grade as SPC/E-4; however, item 12h incorrectly shows his PFC effective date of promotion.


2.  DFAS confirmed that the applicant was receiving retired pay at the rank and pay grade of PFC/E-3.  However, based on the above evidence that shows the applicant was advanced to the pay grade of E-4, PERSCOM Orders D168-3, dated 25 August 1992, should be amended to show his retired grade and rank as SPC/E-4, with entitlement to back pay and allowances.

BOARD VOTE:

___X_____  _____X___  _____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

		a.  deleting the entry in item 12h of his DD Form 214;

		b.  amending his DD Form 214 in item 12h to add 29 July 1992;

		c.  amending PERSCOM Orders D168-3, dated 25 August 1992, to read Retired grade of rank: "SPC"; and

		d.  paying him all back pay and allowances due as a result of these corrections.




      _______ 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.

ABCMR Record of Proceedings (cont)                                         AR20080012154



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012154



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090007368

    Original file (20090007368.txt) Auto-classification: Denied

    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. His records show he was advanced to pay PFC, pay grade E-3, on 1 April 2005. The evidence shows he was placed on the TDRL in the rank and pay grade of PFC, E-3.

  • ARMY | BCMR | CY2002 | 2002076495C070215

    Original file (2002076495C070215.rtf) Auto-classification: Approved

    This law applies both at the time a member is placed on the TDRL or the Retired List based on a permanent disability. The evidence of record confirms that the applicant was advanced to the rank and pay grade of SPC/E-4 on 1 October 1985, and that he held that rank and pay grade on the date of his REFRAD on 30 April 1986. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was placed on the TDRL in the rank and pay grade...

  • ARMY | BCMR | CY2008 | 20080017814

    Original file (20080017814.txt) Auto-classification: Approved

    The applicant states, in effect, that the FSM was promoted to SPC; however, a correction to his DD Form 214 (DD Form 215) was never issued to reflect this promotion. No DD Form 215 was available in the applicant’s personnel record. The evidence of record confirms the FSM was promoted to SPC/E-4 on 1 December 1996, in accordance with Army Regulation 600-8-19, as evidenced by the DA Form 4187, dated 7 November 1996, USASTP Memorandum, dated 10 June 1997, and orders contained in the FSM record.

  • ARMY | BCMR | CY2011 | 20110019880

    Original file (20110019880.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 26 April 2012 DOCKET NUMBER: AR20110019880 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states his DD Form 214 is in error because item 12h (Effective Date of Pay Grade) shows the correct date he was promoted to SPC/E-4. Accordingly, he was retired on 10 April 2009 in the grade of PVT/E-1 (item 12h incorrectly shows the effective date of pay grade as 1 July 2008).

  • ARMY | BCMR | CY2012 | 20120016653

    Original file (20120016653.txt) Auto-classification: Approved

    The applicant states: * He was removed from the TDRL and elected to enlist in the Regular Army within 90 days of his removal * He completed a USAREC Form 1035 (Request to Change Enlistment Option) wherein he elected to enlist on 17 April 2009 * Due to confusion with the TDRL to active duty process, he was pending reclassification into military occupational specialty (MOS) 89D (Explosive Ordnance Disposal Specialist) * By regulation, a former TDRL PFC would be promoted like they would have...

  • ARMY | BCMR | CY2009 | 20090001213

    Original file (20090001213.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his records to show that he was advanced to the rank/pay grade of specialist (SPC)/E-4 on 1 June 1986. _________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.

  • ARMY | BCMR | CY2001 | 2001058728C070421

    Original file (2001058728C070421.rtf) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the second award of the Good Conduct Medal, the third award of the Army Achievement Medal, and the first award of the Army Commendation Medal. The applicant states, in effect, that his records should be corrected to show his pay grade as “E-4” instead of “E-3” and to show two Good Conduct Medals, three Army Achievement Medals, and one Army Commendation Medal. Evidence...

  • ARMY | BCMR | CY2014 | 20140004619

    Original file (20140004619.txt) Auto-classification: Approved

    BOARD DATE: 28 October 2014 DOCKET NUMBER: AR20140004619 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his grade/rank as corporal (CPL)/E-4 instead of private first class (PFC)/E-3. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated advancements to E-4 and below and grade restorations would be announced by DA Form 4187.

  • ARMY | BCMR | CY2012 | 20120012844

    Original file (20120012844.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 May 2004 to show his rank and pay grade as specialist (SPC)/E-4. His DD Form 214 for the period ending 2 August 2002 shows in: * item 4a (Grade, Rate, or Rank) – the entry "PFC" * item 4b (Pay Grade) – the entry "E3" * Item 12h (Effective Date of Pay Grade)...

  • ARMY | BCMR | CY2010 | 20100017569

    Original file (20100017569.txt) Auto-classification: Approved

    The applicant provides: * DD Form 214 and DD Form 215 (Correction to DD Form 214) * memorandum requesting issuance of a DD Form 215 to correct his separation date * leave and earnings statement (LES) * DA Form 4187 (Personnel Action) for advancement to SPC/E-4 * Permanent Orders 035-434 for award of the Combat Action Badge * DA Form 4187 (Personnel Action) for recommendation for award of the Combat Action Badge CONSIDERATION OF EVIDENCE: 1. Some evidence of record shows he was released from...