IN THE CASE OF:
BOARD DATE: 03 MARCH 2009
DOCKET NUMBER: AR20080019017
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his rank and pay grade as Sergeant First Class (SFC) E-7 and that block 12f. (Foreign Service) be corrected to reflect 12 months.
2. The applicant states that his DD Form 214 should be corrected to reflect that his rank and pay grade is SFC/E-7 and that he served 12 months of foreign service.
3. The applicant provides no additional docu0191293973280001310000000011000100ments with his application.
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 May 1967. He completed his training and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-7 on 16 September 1979.
3. The applicant served in Korea from 30 August 1982 to 23 August 1983 (11 months and 24 days).
4. While the specifics are not explained in the available records, he was reduced to the pay grade of E-6 on 30 July 1987.
5. On 30 November 1987, he was honorably released from active duty (REFRAD) in the pay grade of E-6 and was transferred to the Retired List effective 1 December 1987. He had served 20 years, 6 months and 21 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was REFRAD in the rank and pay grade of staff sergeant (SSG)/E-6. Block 12f. "Foreign Service" reflects 11 months and 24 days.
6. On 23 October 2000, the Army Grade Determination Review Board (AGDRB) advanced the applicant to the pay grade of E-7 on the Retired List, effective 10 July 1997. The AGDRB determined that the pay grade of E-7 was the highest grade in which he satisfactorily served on active duty.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exists at the time of REFRAD or discharge. Corrections to the DD Form 214 to reflect subsequent changes that occur after REFRAD or discharge are not authorized.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect that his rank and grade should be SFC/E-7 has been considered and found to lack merit. The applicant was retired in the pay grade of E-6 and his DD Form 214 correctly reflects that information.
2. The applicant's contention that his DD Form 214 should be corrected to reflect that he served 12 months overseas has been noted and found to lack merit. The applicant served 11 months and 24 days of foreign service in Korea during the period covered by the DD Form 214. Accordingly, the DD Form 214 correctly reflects his actual foreign service.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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. In view of the foregoing, there is insufficient basis for granting relief to the applicant in this case.
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) AR20080019017
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ABCMR Record of Proceedings (cont) AR20080019017
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