BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100000197
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 his DD Form 214 (Report of Separation from Active Duty), ending on 6 August 1977, to show his rank/grade as specialist four (SP4)/E-4 instead of private (PV2)/E-2.
2. The applicant states his DD Form 214 lists an incorrect rank and grade.
3. The applicant provides a copy of his DD Form 214, dated 6 August 1977.
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 he enlisted in the Ohio Army National Guard (OHARNG) in the rank of PV1/E-1 for a period of 6 years on 23 January 1977.
3. He was subsequently ordered to active duty for training (ADT) on 8 May 1977, completed training, and he was awarded military occupational specialty 62M (Forklift and Loader Operator).
4. He was honorably released from ADT on 6 August 1977 to the control of his ARNG unit. His DD Form 214 shows he completed 2 months and 29 days of creditable active service. Items 6a (Grade, Rate or Rank) and 6b (Pay Grade) of this form show the entries PV1 and E-1 respectively.
5. His records further show he was promoted within the ARNG to SP4/E-4 on an unknown date. However, on 15 July 1981, The Adjutant General's Department, OHARNG, published Orders 135-11 reducing him from SP4/E-4 to PV2/E-2 effective 1 August 1981 and further discharging him from the OHARNG to the U.S. Army Reserve Control Group (Reinforcement) as an unsatisfactory participant.
6. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of service) he was issued shows he was discharged on 1 August 1981 as an unsatisfactory participant with a general characterization of service. Items 6a (Grade) and 6b (Pay Grade) show the entries PV2 and E-2 respectively.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed, in pertinent part, that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service. Chapter 2 contained guidance on the preparation of the DD Form 214. Item 6a shows the grade in which the enlisted Soldier was serving at time of separation and item 6b shows the enlisted Soldier's pay grade.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was ordered to ADT on 8 May 1977 and he was honorably released from ADT on 6 August 1977. His rank and grade at the time of release from active duty was PV1/E-1. There is no evidence in his records and he did not provide any evidence that shows he was promoted beyond this rank/grade while on active duty. Therefore, his DD Form 214 appropriately shows his rank/grade as PV1/E-1.
2. The DD Form 214 is a summary of a Soldiers most recent period of continuous active duty (emphasis added). It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
3. The evidence of record further shows he was reduced to PV2/E-2 and subsequently discharged from the OHARNG on 1 August 1981 as an unsatisfactory participant. His NGB Form 22 correctly shows his rank/grade as PV2/E-2.
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) AR20100000197
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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