IN THE CASE OF:
BOARD DATE: 25 February 2010
DOCKET NUMBER: AR20090016348
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 item 4a (Grade, Rate or Rank), item 4b (Pay Grade), and item 12h (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 March 1992 be corrected.
2. The applicant states, in effect, that he was promoted to specialist four/E-4 on 1 April 1989 and his DD Form 214 shows his pay grade as private first class/E-3.
3. The applicant provides a copy of his DD Form 214 for the period ending 13 March 1992, a Certificate of Promotion, and a DA Form 4187 (Personnel Action) in support of his 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. Having prior inactive service in the U.S. Army Reserve (USAR) and active service in the Regular Army, the applicant enlisted in the Regular Army on 15 July 1987 for a period of 3 years. On 13 March 1992, he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 4a of the applicant's DD Form 214 for the period ending 13 March 1992 shows the entry "PFC" [private first class]. Item 4b of this DD Form 214 shows the entry "E3." Item 12h of this DD Form 214 shows the entry "92 03 10" [10 March 1992].
4. A DA Form 4187, dated 6 April 1989, shows the applicant was advanced to specialist four with a date of rank of 1 April 1989.
5. The applicant provided a Certificate of Promotion which shows he was promoted to specialist four effective 1 April 1989.
DISCUSSION AND CONCLUSIONS:
The DA Form 4187 and the Certificate of Promotion which show the applicant was promoted to specialist four on 1 April 1989 were noted. However, item 12h of the applicant's DD Form 214 shows his effective date of pay grade for private first class is 10 March 1992. It appears he was reduced in rank 3 days prior to his separation. Therefore, there is an insufficient basis for amending item 4a, item 4b, or item 12h of 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) AR20090016348
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ABCMR Record of Proceedings (cont) AR20090016348
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