Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090009280
Original file (20090009280.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090009280 


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 rank and pay grade that is shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued on 23 October 1964 be corrected to show his rank/pay grade as specialist four (SP4)/E-4.

2.  The applicant essentially states he received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice for missing kitchen patrol, and that his punishment, in part, consisted of a reduction from SP4/E-4 to PFC/E-3.  He also contends that his rank of SP4 was restored prior to his release from active duty on 23 October 1964, but it is not reflected on his DD Form 214. 

3.  The applicant provides his DD Form 214 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 applicant’s 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 applicant’s 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 that he served in the Regular Army from 26 October 1961 to 23 October 1964 until he was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  

3.  Item 3a (Grade, Rate, or Rank) of the applicant's DD Form 214 shows that his rank and pay grade at the time of his release from active duty on 23 October 1964 was PFC/E-3.  Item 32b (Date of Rank) of this same document shows that his date of rank to PFC/E-3 was 10 December 1963.  There are no orders in his military records or any other evidence which shows he was promoted to SP4/E-4 after 10 December 1963 prior to his release from active duty on 23 October 1964.  

4.  On 2 May 1975, he enlisted in the USAR and served with various Reserve units in New York and Maryland until he was transferred to the USAR Control Group (Reinforcement) on 1 September 1981.  He was honorably discharged on 
1 June 1982.

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his rank and pay grade shown on his DD Form 214 should be changed from PFC/E-3 to SP4/E-4.

2.  The applicant's contention that his rank of SP4 was restored prior to his release from active duty on 23 October 1964 was considered.  However, there is no evidence, in the applicant's military records, and the applicant failed to provide any evidence, to corroborate his contention.  In view of the foregoing, there is an insufficient basis for correcting 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)                                         AR20090009280



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009280



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090020483

    Original file (20090020483.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests reconsideration of his request for correction of Item 3a (Grade, Rate, or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 October 1964, to show his rank as specialist four (SP4)/pay grade E-4. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 26 October 1961, for 3 years.

  • ARMY | BCMR | CY2014 | 20140002794

    Original file (20140002794.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His record contains a DA Form 24 (Service Record) which shows in: * section 2 (Chronological Record of Military Service) – he was assigned to the 573d Transportation Detachment performing duties as an aircraft electrician from 8 October 1963 to 23 October 1964 * section 5 (Service Outside Continental United States) – he was credited with service in Vietnam from 8 October 1963 to 25 October 1964 4. ...

  • ARMY | BCMR | CY2011 | 20110013415

    Original file (20110013415.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he held the rank/grade of specialist four (SP4)/pay grade E-4 instead of private first class (PFC)/pay grade E-3 at the time of his release from active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. The applicant's contention that his DD Form 214 should be corrected to show he held the rank of SP4/E-4 at the time of REFRAD...

  • ARMY | BCMR | CY2014 | 20140017884

    Original file (20140017884.txt) Auto-classification: Denied

    The evidence of record shows that his DD Form 214 correctly shows the rank/grade (i.e., SGT/E-5) that he held on the date he was REFRAD. The evidence of record shows that the applicant's discharge orders correctly show the rank/grade (i.e., SSGT/E-6) that he held on the date he was discharged from the USAR. Further, his military personnel records, including his DD Form 214 and USAR discharge orders, correctly show his rank/ grade at the time of his separation from active duty and also at...

  • ARMY | BCMR | CY2012 | 20120003815

    Original file (20120003815.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of item 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held the permanent rank/grade of sergeant (SGT)/E-5 and he was entitled to pay at the E-5 rate upon separation. 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. The evidence of record shows the...

  • ARMY | BCMR | CY2011 | 20110006335

    Original file (20110006335.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The evidence further shows this same address was listed on his DD Form 214 as his permanent address following separation, and he authenticated his DD Form 214 by affixing his signature. As a result, the Board recommends denial of so much of the application that pertains to the correction of his: * separation rank and grade * home of record address * permanent address for mailing purposes after...

  • ARMY | BCMR | CY2012 | 20120009976

    Original file (20120009976.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant did not provide any evidence. However, his records contain two DA Forms 24 (Service Record) and a DA Form 20 (Enlisted Qualification Record), as follows: a. DA Form 24 covering the period 10 September 1962 to 2 September 1965 shows in Section 1 - Appointments, Promotions or Reduction the following grades and effective dates: * private (PVT)/E-1, 10 September 1962 * private (PVT)/E-2,...

  • ARMY | BCMR | CY2009 | 20090008939

    Original file (20090008939.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Decorations), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. With respect to his military training courses and the Parachutist Badge, the evidence of record shows that the applicant completed the Airborne Course on 2 December 1966 and the Jumpmaster Course on 16 February 1968, after his release from active duty. Again, his subsequent...

  • ARMY | BCMR | CY2002 | 2002069710C070402

    Original file (2002069710C070402.rtf) Auto-classification: Approved

    The applicant’s DD Form 47 (Record of Induction), dated 13 December 1963, and his service personnel records show his first name as “Nicholas”. Therefore, it would be appropriate to correct the applicant’s military records to show his first name as “Nick”. That the Army Review Boards Agency, Support Division in St. Louis, Missouri, issue a Transcript of Military Record (DA Form 1569-E) showing the applicant’s birth first name as well as the first name he served under in the Army.

  • ARMY | BCMR | CY2010 | 20100018600

    Original file (20100018600.txt) Auto-classification: Approved

    The applicant requests correction of his 18 October 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in items: * 3a (Grade, Rate or Rank) and 3b (Date of Rank) he was promoted to specialist four (SP4)/E-4 * 10a (Highest Civilian Education Level Attained) he completed general equivalency development (GED) courses at Fort Eustis, VA * 12 (Last Duty Assignment and Major Command) his last duty assignment was the 1099th Transportation Company * 13b...