IN THE CASE OF:
BOARD DATE: 30 July 2009
DOCKET NUMBER: AR20090004609
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 correction of her records to show she was placed on the Retired List in the pay grade of E-7.
2. The applicant states she has advanced education of a master's degree and some Doctor of Philosophy (Ph.D.) credits.
3. The applicant provides no additional documentary evidence in support of this 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's military records show she enlisted in the U.S. Army Reserve Delayed Enlistment Program on 28 August 1975 in pay grade E-3. She enlisted in the Regular Army on 26 January 1976 for a period of 3 years. She was awarded the military occupational specialty of clerk typist, and the highest rank/pay grade she held was private first class (PFC)/E-3.
3. The applicant's DD Form 214 (Report of Separation from Active Duty) shows she was separated from active duty for retirement on 17 November 1976 after completing 9 months and 20 days of active duty. This document shows her pay grade as E-3.
4. Orders D90-15, dated 10 November 1976, show the applicant was placed on the Temporary Disability Retired List of the Army effective 17 November 1976 in the retired rank/grade of PFC/E-3 with a 50 percent disability rating.
5. Department of the Army U.S. Army Military Personnel Center Orders D46-12, dated 10 March 1981, shows she was removed from the Temporary Disability Retired List on 31 March 1981 because of permanent physical disability and permanently retired effective the next day with a 50 percent disability rating.
6. A DA Form 3713 (Data for Retired Pay), dated 10 November 1976, contained in the applicant's Official Military Personnel File shows her active duty rank, retired rank, highest rank held, and retired pay grade as PFC/E-3.
7. The applicant's available records do not contain nor did the applicant provide any documents showing she has advanced education such as a master's degree or beyond.
8. Army Regulation 600-8-19, in pertinent part prescribes the enlisted promotions function of the military personnel system. Prerequisites for promotion to a higher enlisted rank include general requirements such as: holding the next lower rank for a specified time, meeting minimum time in service requirements, successful completion of noncommissioned officer education system courses for designated noncommissioned officer ranks, meeting prescribed physical qualifications, and possessing a current passing Army Physical Fitness Test score, in addition to other requirements.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant is requesting to be placed on the Retired List in the pay grade of E-7 because of her advanced education. Evidence shows the highest grade she held was pay grade E-3.
2. The applicant's available records do not contain nor did she provide any evidence showing she has advanced education such as a master's degree or beyond. However, even if she had, the Army enlisted promotion system does not promote enlisted Soldiers based solely on credit for advanced education or civilian education, rather it requires Soldiers to meet several prerequisites not met by the applicant. As such, evidence indicates the applicant was correctly place on the Retired List in pay grade E-3.
3. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, 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.
_______ _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) AR20090004609
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