IN THE CASE OF:
BOARD DATE: 28 APRIL 2009
DOCKET NUMBER: AR20090001213
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, correction of his records to show that he was advanced to the rank/pay grade of specialist (SPC)/E-4 on 1 June 1986.
2. The applicant states, in effect, that he was advanced to E-4 on 1 June 1986; however, all of his records show his rank/pay grade as private first class (PFC)/E-3.
3. The applicant provides in support of his application, a copy of a DA Form 4187 (Request for Personnel Action), dated 20 May 1986.
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 23 November 1983, the applicant enlisted in the Regular Army (RA) in Milwaukee, Wisconsin, for 4 years, in the pay grade of E-1. He successfully completed his training as an infantryman.
3. The applicant records show that he was advanced to the rank/pay grade of private (PV2)/E-2 on 23 May 1984; he was advanced to E-3 on 1 December 1984; and he was advanced to E-4 on 1 June 1986.
4. The applicant was honorably discharged on 25 September 1986, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 424e(3), due to physical disability with severance pay. Item 4a and 4b of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) show his rank/grade as PFC/E-3 at the time of his discharge. Item 12b on his DD Form 214 shows his effective date of pay grade as 1 December 1984.
5. A review of the available records does not show that the applicant was ever reduced from SPC to PFC prior to his discharge.
6. Army Regulation 635-5 (Separation Documents) 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 an individual's service as it exists on the date of release from active duty or discharge. It also states that for item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade), enter the active duty rank and pay grade at the time of separation. It further states that for item 12h (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show that he was advanced to SPC/E-4 on 1 June 1986.
2. All of the appropriate documents contained in his records show that he was advanced to SPC/E-4 on 1 June 1986, except his DD Form 214.
3. It appears that an error was made during the preparation of the applicant's DD Form 214 which resulted in the incorrect rank, pay grade and effective date of pay grade being reflected and it would now be appropriate to correct his DD Form 214 to show that he was discharged in the rank of specialist (SPC) and in the pay grade of E-4.
4. In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.
BOARD VOTE:
___X_____ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 from items 4a, 4b, and 12h of the applicant's DD Form 214 the current entries; and
b. adding to items 4a, 4b, and 12h of the applicant's DD Form 214 the entry SPC, E-4, and 86 06 01, respectively.
_________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.
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