IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012291 


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 the rank, date of rank (DOR) and pay grade shown on her discharge document be corrected.

2.  The applicant states, in effect, that at the time of her separation from active duty her rank was private first class (PFC)/pay grade E-3; however, her discharge document shows private (PV2)/pay grade E-2.

3.  The applicant provides no additional documents 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 service records show that she enlisted in the Army on 25 October 1994.
3.  The applicant's military service records contain a copy of a DA Form 4187 (Personnel Action), dated 1 March 1995, which shows that she was advanced to PV2/E-2 with a DOR of 1 March 1995.

4.  The applicant's military service records contain a copy of her Personnel Qualification Record (PQR) which shows in section II (Qualification Data) that she was advanced to the rank of PV2 with a DOR of 1 March 1995.

5.  The applicant's record contains a copy of a DD Form 2648 (Preseparation Counseling Checklist) which was completed by the applicant and shows that she indicated that she was a PFC/E-3.

6.  The applicant's military service records contain a DD Form 214 which shows that she was discharged on 18 December 1995 after completing 1 year, 1 month, and 24 days of active service.  Item 4a (Grade, Rate, or Rank) of this document contains the entry "PV2"; item 4b (Pay Grade) contains the entry "E2."

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support promotions and reductions.  Paragraph 2-5 (Rules for Advancing Enlisted Soldiers PFC and SPC).  It also states that the effective date of promotion will not be earlier than the date the Soldier is eligible and that for promotion to PFC there is a 12-month time in service (TIS) requirement, of which 6 months' TIS may be waived, and a 4-month time in grade (TIMIG) requirement, of which 2 months' TIMIG may be waived.  This Army regulation also provides, in pertinent part, that the basic active service date will be used to determine TIS and that a DA Form 4187 will be prepared for all advancements to PFC.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the PQR, Enlisted Record Brief (ERB)/Officer Record Brief (ORB), or any other document authorized for filing in the official military personnel file (OMPF).

9.  Army Regulation 635-5, in effect at the time of the applicant's discharge, contained item-by-item instructions for completing the DD Form 214. 
The instructions for item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) were to enter the active duty grade or rank and pay grade at the time of separation as taken from the applicant's PQR, ERB/ORB, or any other document authorized for filing in the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that the applicant entered military service on 25 October 1994 and that she was advanced 5 months later to the rank of PV2 on 1 March 1995.  The applicant's preseparation counseling checklist that she filled out shows that she is a PFC/E-3.  However, the applicant's military service records are absent an order/document advancing her to PFC/E-3.  In this regard, the applicant's military service records are also absent any promotion document/instrument which might account for the change in rank from PV2 to PFC during the period 1 March 1995 through the date she was released from active duty on 18 December 1995.

3.  Absent any additional evidence of record such as final pay records corroborating the fact that the applicant was advanced to the rank and pay grade of PFC/E-3 prior to her discharge, there is an insufficient evidentiary basis to provide the requested relief at this time.

4.  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.

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)                                         AR20090012291



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ABCMR Record of Proceedings (cont)                                         AR20090012291



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