IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080016700
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 10 March 1989 be corrected to show his rank as corporal instead of private first class.
2. The applicant states that his DD Form 214 for the period ending on 10 March 1989 shows his rank as private first class and it should show he was a corporal.
3. The applicant provides reassignment orders, dated 12 January 1989.
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 enlisted in the Regular Army on 10 September 1982 for a period of 4 years. He served as a metal worker and was promoted to corporal effective 24 May 1988.
3. On 16 November 1988, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) was imposed against the applicant for being AWOL from 6 to 26 October 1988. His punishment included reduction to private first class (suspended) and to be automatically remitted if not vacated before 15 February 1989. The suspension of the punishment was vacated on 10 January 1989.
4. On 10 March 1989, the applicant was honorably discharged.
5. The applicants DD Form 214 for the period ending on 10 March 1989 shows his rank as private first class.
6. There is no evidence of record which shows the applicant was promoted to corporal prior to his discharge on 10 March 1989.
7. In support of his claim, the applicant provided reassignment orders, dated
12 January 1989, which show his rank as corporal. However, these orders were amended on 2 March 1989 to show his rank as private first class. A copy of the amended orders will be provided to the applicant.
DISCUSSION AND CONCLUSIONS:
The applicants contention was considered. However, evidence of record shows the applicants reduction to private first class imposed on 16 November 1988 was suspended and to be automatically remitted if not vacated before 15 February 1989. On 10 January 1989, the suspension of the punishment was vacated. Since there is no evidence of record which shows the applicant was promoted to corporal prior to his discharge on 10 March 1989, there is no basis for granting the applicant's 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.
_______ _ 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) AR20080016700
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080016700
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130022397,
The applicant adds that the Article 15 clearly stated that the portion of the punishment pertaining to the reduction in grade was suspended. After information is verified on the DA Form 5110, supporting finance documentation showing execution of the reduction or forfeitures, as well as the verification of OMPF filings by the OMPF custodian will be retained for 2 years after the date the punishment was imposed. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130022397
The applicant adds that the Article 15 clearly stated that the portion of the punishment pertaining to the reduction in grade was suspended. After information is verified on the DA Form 5110, supporting finance documentation showing execution of the reduction or forfeitures, as well as the verification of OMPF filings by the OMPF custodian will be retained for 2 years after the date the punishment was imposed. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140004619
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 | CY2009 | 20090007990
On 9 June 1989, the applicants immediate commander notified the applicant of his intent to initiate separation action against him in accordance with paragraph 14-12(b) of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) for misconduct - a pattern of misconduct. On 17 July 1989, the separation authority approved the applicants discharge, under the provisions of chapter 14 of Army Regulation 635-200 by reason of misconduct - pattern of misconduct, and directed the...
AF | BCMR | CY2003 | BC-2002-02857
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02857 INDEX CODE: 110.00 APPLICANT COUNSEL: None SSN HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment code (RE) be changed to allow her to join the Air Force Reserve. The applicant’s commander notified her on 6 July 1989, that he was not recommending her for promotion because she received an Article...
ARMY | BCMR | CY2010 | 20100022192
As such, there is insufficient evidence on which to add the AAM to his DD Form 214. ____________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) AR20100022192 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100022192 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2002 | 2002068623C070402
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that the two Article 15s, which are filed in his Official Military Personnel File (OMPF), be removed from his record. There is no evidence that the officer imposing the 18 May and the 27 June 1995 nonjudicial punishments intended that these DA Forms 2627 should be filed in...
ARMY | BCMR | CY2004 | 20040008623C070208
The applicant requests in effect, that he be advanced on the retired list to the rank of Sergeant First Class (SFC), E-7. Headquarters, 4th Brigade, 80th Division Orders 1-1 dated 17 January 1988 reduced the applicant from SFC to SSG with a date of rank (DOR) of 10 March 1974. Based upon the guidance in Army Regulation 140-158, paragraph 7-5b(1), only three circumstances could have resulted in the applicant being reduced from SFC to SSG but being given a DOR of 10 March 1974 (instead of a...
ARMY | BCMR | CY2013 | 20130011840
On 1 August 1989, consistent with the chain of command's recommendations, the separation authority approved the administrative discharge and ordered the applicant discharged under the provisions of paragraph 14-12b of Army Regulation 635-200 by reason of misconduct and directed issuance of a General Discharge Certificate. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. His discharge was appropriate because the quality...
ARMY | BCMR | CY2014 | 20140001366
(A copy of page 2 of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 26 May 2011, was provided by the Chief, Department of the Army (DA) Promotions, U.S. Army Human Resources Command (HRC). When a commander sets aside any portion of the punishment, the commander will record the basis for this action on DA Form 2627-2. There is no evidence of record that shows the commander who imposed the punishment, a successor-in-command, or a superior authority set aside any of the...