IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100008929
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 the following changes to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 November 1987:
a. Change item 4a (Grade, Rate or Rank) to specialist four (SP4) instead of private (PV2).
b. Change item 4b (Pay Grade) to E-4 instead of E-2.
2. The applicant states he "never lost" or decreased in pay grade and his record should be corrected.
3. The applicant provides copies of his:
* DD Form 214 with a separation date of 6 July 1984
* DD Form 214 with a separation date of 18 November 1987
* separation orders
* discharge orders from the Ready Reserve, dated 17 August 1988
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 personnel records show he enlisted in the Regular Army on 7 April 1987 in pay grade E-2 for a period of 3 years. He had previously completed a period of active service in the Regular Army from 7 July 1981 to 6 July 1984. He was released from active duty on 6 July 1984 in the rank of SP4/pay grade E-4.
3. The applicant's enlistment contract shows he enlisted in pay grade E-2 for 3 years to receive training in military occupational specialty 12C (Bridge Crewmember). Item 39 (Remarks) of his DD Form 1966 (Record of Military Processing - Armed Forces of the United States) contains an entry indicating that his entry grade was determined in accordance with Table 3-3, Rule E, of Army Regulation 601-210 (Active and Reserve Components Enlistment Program).
4. There are no orders in the applicant's military personnel records jacket promoting him beyond PV2/E-2 subsequent to 7 April 1987.
5. On 18 November 1987, the applicant was discharged by reason of physical disability without severance pay. His DD Form 214 shows:
* item 4a PV2
* item 4b E-2
6. U.S. Army Medical Department Activity, Fort Hood, TX, Orders 124-1, dated 30 October 1987, ordered the applicant to the U.S. Army Separation Transfer Point for discharge by reason of physical disability without entitlement to receive severance pay. These orders identified the applicant as PV2.
7. U.S. Army Reserve Personnel Center, St. Louis, MO, Orders D-08-061754, dated 17 August 1988, discharged the applicant from the Ready Reserve effective 22 August 1988. These orders identified the applicant as SP4.
8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the Soldier's active duty grade or rank and pay grade at the time of separation would be entered in item 4a and item 4b of the DD Form 214.
9. Table 3-3, Rule E, of Army Regulation 601-210, then in effect, stated that applicants enlisting in the Regular Army who were last separated from the Regular Army in pay grade E-4 with not more than 5 years of total active service and were enlisting 30 months after separation would be enlisted in pay
grade E-2.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the entries in item 4a and item 4b of his DD Form 214 with a separation date of 18 November 1987 are incorrect.
2. The applicant's enlistment in the Regular Army on 7 April 1987 was more than 30 months after his last separation from the Regular Army on 6 July 1984 in pay grade E-4. Therefore, his enlistment in pay grade E-2 was in compliance with Army Regulation 601-210.
3. There is no record of the applicant being promoted subsequent to 7 April 1987. Therefore, the entries in item 4a and item 4b of his DD Form 214 with a separation date of 18 November 1987 are correct.
4. When the applicant was discharged on 18 November 1987, he was no longer in a military status. There is no record of him enlisting in the Ready Reserve after this discharge. However, if he had enlisted in the Ready Reserve and was subsequently discharged in the grade of SP4 on 22 August 1988, it would have no bearing on the rank and pay grade in which he was serving when he was discharged from the Regular Army on 18 November 1987.
5. 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 that 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) AR20100008929
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ABCMR Record of Proceedings (cont) AR20100008929
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