IN THE CASE OF:
BOARD DATE: 28 OCTOBER 2008
DOCKET NUMBER: AR20080014776
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 pay grade be corrected on his DD Form 214, Certificate of Release or Discharge from Active Duty.
2. The applicant states, in effect, that at the time of his honorable discharge he was ranked as an E-4, not as an E-3. He would like to have his DD Form 214 corrected to change the status from E-3 to E-4.
3. In support of his request, the applicant provided a copy of his 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. The applicant's records show he enlisted in the U.S. Army Reserve, Delayed Entry Program, on 6 February 1980. On 20 March 1980, he enlisted in the Regular Army in the rank and pay grade of private, E-1. He successfully completed basic combat training at Fort Jackson, South Carolina, and advanced individual training at Fort Lee, Virginia. After completing his training, he was awarded the military occupational specialty 76V, Materiel Storage and Handling Specialist.
3. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, shows he was advanced to pay grade
E-2 on 20 August 1980 and to the rank and pay grade of private first class, E-3, on 1 November 1980. He was promoted to the rank and pay grade of specialist four, E-4, on 1 July 1981.
4. Item 18 of the applicant's DA Form 2-1 also shows the applicant was reduced to the rank and pay grade of private first class, E-3, on 7 February1983.
5. A DA Form 2627, Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice), shows the applicant was reduced in pay grade to E-3, forfeited $150.00, was ordered to perform extra duty, and was ordered restricted to the limits of his company area for a period of 14 days on 7 February 1983. The applicant was punished for having used provoking words towards another Soldier and for having wrongfully participated in a breach of peace by engaging in a fist fight on 18 January 1983. Although the applicant appealed the punishment on 7 February 1983, his appeal was denied by the appropriate authority on 10 February 1983 and he was so notified on 18 February 1983.
6. The evidence shows that the applicant was discharged under honorable conditions (emphasis added) on 21 March 1983. Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of the applicants DD Form 214 show, on the date of his discharge, he was serving in the rank and pay grade private first class, E-3.
7. There are no orders in the applicants service personnel records showing that he was promoted to the rank and pay grade of specialist four, E-4, before he was discharged. The applicant provided no promotion orders or other documentary evidence to show that he was promoted back to the rank and pay grade of specialist four, E-4, before he was discharged.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record, the applicant must show, 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.
2. The evidence shows the applicant was reduced from pay grade E-4 to pay grade E-3 and he was not promoted back to the rank and pay grade of specialist four, E-4, before he was discharged.
3. There are no orders in the applicants service personnel records showing that he was promoted or restored to the rank and pay grade of specialist four, E-4, before he was discharged. The applicant provided no promotion orders or other documentary evidence to show that he was promoted back to the rank and pay grade of specialist four, E-4, or even that the punishment to reduction in pay grade was remitted before he was discharged.
4. In view of the foregoing, there is no basis for granting the applicant's request for a correction to the rank and pay grade shown on his DD Form 214.
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) AR20080014776
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014776
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090014777
Application for correction of military records (with supporting documents provided, if any). DISCUSSION AND CONCLUSIONS: The evidence of record supports the applicant's contention that his rank was E-4 when he was placed on the TDRL. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing his retired grade as specialist four/E-4 on U.S. Army Military Personnel Center Orders D106-10, dated 1 June 1983, and on U.S....
ARMY | BCMR | CY2015 | 20150002739
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * Rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4 * Award of the Army Commendation Medal 2. On 25 February 1980, Headquarters, U.S. Army Armor Center, Fort Knox published Orders 38-69 revoking Orders 183-40 that promoted him to SP5/E-5 but approving "defacto status for the period of the invalid promotion." Chapter 2 contains guidance on the...
ARMY | BCMR | CY2008 | 20080003161
The applicants complete military records are not available to the Board. A DA Form 2496 (Disposition Form), dated 13 May 1982, in the applicants service personnel records, recommends removal of his bar to reenlistment and his rank is shown as PFC. Department of the Army, U.S. Army Reserve Personnel Center, St. Louis, Missouri Orders D-02-012346, dated 18 February 1986, discharged the applicant from the Ready Reserve effective 19 February 1986 in the rank of SP4.
ARMY | BCMR | CY2009 | 20090004390
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 3 October 1983, to delete military occupational specialty (MOS) 63Y1O (Track Vehicle Mechanic); to show that he had qualified as an expert with the M-16 rifle; to show his rank as specialist four, pay grade E-4; and to show that he suffered from post traumatic stress disorder (PTSD). The applicant contends that his DD Form 214 should be corrected to delete MOS 63Y1O; to show...
ARMY | BCMR | CY2011 | 20110011355
The applicant provides: * Self-authored statement * 20-Year Letter, dated 20 April 2000 * DD Form 214 (Certificate of Release or discharge from Active Duty) for the period ending 13 June 1991 * Undated memorandum, subject: Enrollment in Phase I Course * Active duty order * 3 Certificates (Army Achievement Medal, Outstanding Dedicated Service, Honorable Discharge) * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 1 June 1998 * Released from active duty (REFRAD) order *...
ARMY | BCMR | CY2011 | 20110023248
Application for correction of military records (with supporting documents provided, if any). The evidence of record contains no evidence and the applicant has failed to provide independent evidence that shows he was ever recommended for or promoted to SP4/E-4 by proper authority while serving on active duty. _______ _ _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.
ARMY | BCMR | CY2011 | 20110008502
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service in the U.S. Army Reserve (USAR) * his rank/grade of staff sergeant (SSG)/E-6 * completion of military occupational specialty (MOS) 16S Stinger Crewman Transition Training Course * 6 months of training overseas 2. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214 and states: * items 4a and 4b show the active duty rank and...
ARMY | BCMR | CY2009 | 20090003054
Included in the medical records are three DA Forms 1051 (Report of Injury) that show: a. he was hospitalized from 29 February to 3 March 1979 for injuries to his face and a mild concussion following an altercation in a civilian bar; b. on 16 July 1980, he received a head injury. The separation authority approved the separation action and directed that the applicant be reduced to the lowest enlisted grade and issued a UOTHC discharge. The applicant was discharged on 15 August 1981 under the...
ARMY | BCMR | CY2004 | 2004101471C070208
On the date of the applicant's discharge, he had completed 6 years, 3 months, and 2 days active military service, with 252 days excess leave. Contrary to the applicant's contentions that this was the only occurrence in 6 years of dedicated service, the evidence of record shows that he received non-judicial punishment twice. The evidence of record failed to establish a basis upon which clemency could be granted and upon which the severity of the sentence imposed could be moderated with an...
ARMY | BCMR | CY2013 | 20130013415
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4. However, on 3 April 1984, the date of his discharge, he held the rank/grade of SP4/E-4. The applicant provides insufficient evidence to show he held the rank/grade of SGT on the date of release from active duty.