IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090012396
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 items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show her rank/grade as private first class (PFC)/E-3.
2. The applicant states that she held the rank/grade of PFC/E-3 at the time of her discharge.
3. The applicant provides a copy of her DD Form 214, dated 24 October 1990; and a copy of letter, dated 2 July 2009, from the North Carolina Department of Administration in support of her request.
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 records show she enlisted in the North Carolina Army National Guard (NCARNG) in the rank/grade of private (PV1)/E-1 on 26 July 1989. She was subsequently ordered to active duty for training (ADT) on 20 June 1990. She completed basic combat and advanced individual training and she was awarded military occupational specialty (MOS) 76P (Materiel Control and Accounting Specialist).
3. She was released from ADT to the control of her NCARNG unit on 24 October 1990. The DD Form 214 she was issued shows she completed 4 months and 5 days of creditable active service. Items 4a and 4b of this form show the entries PV1 and E-1. Additionally, item 12h (Effective Date of Pay Grade) shows the entry 26 July 1989 (the date of her enlistment in the NCARNG).
4. There is no indication in the applicants records that she received an accelerated advancement to private (PV2)/E-2 or PFC/E-3 while on active duty.
5. Subsequent to her release from ADT, the applicant was assigned to Headquarters and Headquarters Company, 30th Engineer Brigade, Charlotte, NC. She was advanced to PV2)/E-2 on 19 December 1990 and to PFC/E-3 on
1 July 1991. She was honorably released from the NCARNG on 31 July 1994 Items 5a (Rank) and 5b (Pay Grade) of her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) show the entries PFC and E-3.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic combat and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Items 4a and 4b show the active duty rank and pay grade at the time of the Soldier's separation, from the Soldiers records. Item 12 shows the Record of Service. Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information. Item 12h is obtained from the most recent promotion order (or reduction instrument) and shows the effective date of advancement/promotion to the current pay grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her rank and grade should be corrected to show PFC/E-3 instead of PV1/E-1.
2. The evidence of record shows that at the time of her release from active duty on 24 October 1990, the applicant held the rank/grade of PV1/E-1, which is correctly shown on her DD Form 214. She was advanced to PV2/E-2 on 19 December 1990 and to PFC/E-3 on 1 July 1991, both occurring after her release from active duty. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20090012396
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ABCMR Record of Proceedings (cont) AR20090012396
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