IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100009268
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 (Certificate of Release or Discharge from Active Duty) to show his correct rank.
2. The applicant states:
* he held the rank of specialist four (SP4)/E-4 at the time of his separation
* he was never demoted in rank
* his DD Form 214 incorrectly shows he held the rank of private first class (PFC)/E-3
* he requested that his rank be corrected on two or three separate occasions only to have his request returned to him for one reason or another
3. The applicant provides the following in support of his application:
* self authored statement
* DA Form 4187 (Personnel Action)
* DD Form 214
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 3 November 1993. He was trained in, awarded, and served in military occupational specialty 88N (Traffic Management Coordinator).
3. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) contains no entry showing the applicant was promoted above the rank of private (PV2)/E-2 while serving on active duty.
4. The applicant's military personnel record contains a DA Form 4187, dated 19 December 1996. It shows he was promoted from PFC/E-3 to SP4/E-4 on 1 January 1997.
5. On 7 August 1997, U.S. Army Transportation Center, Fort Eustis, published Orders 219-0009. These orders directed the applicant's discharge from the Army in the rank of SP4 on 2 November 1997.
6. On 2 November 1997, the applicant was discharged from active duty under the provisions of chapter 4, Army Regulation 635-200 (Personnel Separations), by reason of completion of required service. The DD Form 214 issued to him at that time lists his rank as PFC in item 4a (Grade, Rate, or Rank) and his pay grade as E-3 in item 4b (Pay Grade). Item 12h (Effective Date of Pay Grade) lists the entry "1996 04 01" [1 April 1996].
7. With the exception of the applicant's DD Form 214, all documents maintained in his military personnel records jacket (MPRJ) issued subsequent to the date of his promotion to the rank of SP4 lists his rank as SP4. There are no orders or other documents in his MPRJ to show the applicant was ever demoted at any time during his tenure on active duty.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4h(4) states that the active duty rank and pay grade at the time of separation will be entered in item 4a and item 4b of the DD Form 214. The effective date of promotion taken from the most recent promotion order to the current pay grade will be entered in item 12h.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his rank and grade should be corrected to show SP4/E-4 on his DD Form 214.
2. By regulation, the active duty rank and pay grade at the time of separation will be entered in item 4a and item 4b of the DD Form 214 and the effective date of promotion to the current pay grade will be entered in item 12h. The evidence of record confirms the applicant was promoted to the rank and grade of SP4/E-4 on 1 January 1997 and this was the rank he held on his date of separation from active duty as evidenced by the DA Form 4187 and his separation orders. Therefore, items 4a, 4b, and 12h of his DD Form 214 should be corrected accordingly at this time.
BOARD VOTE:
____X___ __X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 by deleting the current entries in item 4a, 4b, and item 12h; adding the entry "SP4" to item 4a, "E-4" to item 4b, and
"1997 01 01" to item 12h; and by issuing a correction to the DD Form 214 to reflect these changes.
_______ _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) AR20100009268
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009268
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060009700
The applicant requests Item 4a (Grade) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 September 1997 be changed to read SPC (specialist) instead of PFC (private first class). The applicant's military records show she enlisted on 2 October 1995 for a period of 4 years. The evidence shows that at the time of the applicants separation she had been promoted to specialist/pay grade E-4.
ARMY | BCMR | CY2008 | 20080013615
Application for correction of military records (with supporting documents provided, if any). 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. A copy of the applicant's DA Form 2-1 (Personnel Qualification Record) shows, in item 18 (Appointments and Reductions), that the applicant was promoted to PFC effective 1 May 1980 and to SP4 effective 1 August 1981.
ARMY | BCMR | CY2011 | 20110001195
The evidence of record shows he was reduced to PVT/E-1 on 2 February 1998 as a result of NJP. At the time the DA Form 4187 was prepared the applicant's rank was PVT/E-1. As a result, the Board recommends denial of so much of the application that pertains to correcting item 14 of his DD Form 214 to show he successfully completed AIT and he was awarded MOS 92A or that he was discharged in the rank of PFC/E-3.
ARMY | BCMR | CY2007 | 20070014982
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 June 1987, to show "specialist four (SP4)" instead of "private first class (PFC)" in Item 4a (Grade, Rate or Rank) and "E-4" instead of "E-3" in Item 4b (Pay Grade). DA Form 4187 (Personnel Action), dated 1 February 1987, shows that the applicant was promoted to PFC/E-3 in accordance with Army regulation 600-200 (Enlisted Personnel Management System), effective 1 February...
ARMY | BCMR | CY2008 | 20080017814
The applicant states, in effect, that the FSM was promoted to SPC; however, a correction to his DD Form 214 (DD Form 215) was never issued to reflect this promotion. No DD Form 215 was available in the applicants personnel record. The evidence of record confirms the FSM was promoted to SPC/E-4 on 1 December 1996, in accordance with Army Regulation 600-8-19, as evidenced by the DA Form 4187, dated 7 November 1996, USASTP Memorandum, dated 10 June 1997, and orders contained in the FSM record.
ARMY | BCMR | CY2011 | 20110019880
IN THE CASE OF: BOARD DATE: 26 April 2012 DOCKET NUMBER: AR20110019880 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states his DD Form 214 is in error because item 12h (Effective Date of Pay Grade) shows the correct date he was promoted to SPC/E-4. Accordingly, he was retired on 10 April 2009 in the grade of PVT/E-1 (item 12h incorrectly shows the effective date of pay grade as 1 July 2008).
ARMY | BCMR | CY2009 | 20090016348
IN THE CASE OF: BOARD DATE: 25 February 2010 DOCKET NUMBER: AR20090016348 THE BOARD CONSIDERED THE FOLLOWING 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. The applicant provides a copy of his DD Form 214 for the period ending 13 March 1992, a Certificate of Promotion,...
ARMY | BCMR | CY2003 | 2003091117C070212
Item 14 on the applicant's DD Form 214 does show he completed the Driver Training Course in 1998. Therefore, item 14 on his DD Form 214 should be amended to show completion of this course. Therefore, item 14 on his DD Form 214 should be amended to show completion of this course.
ARMY | BCMR | CY2007 | 20070017731
Ms. Catherine C. Mitrano Director Mr. Michael J. Fowler Analyst The following members, a quorum, were present: Mr. Lester Echols Chairperson Mr. Joe R. Schroeder Member Mr. Larry W. Racster Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 30 December 2006 be corrected to show his rank and pay...
ARMY | BCMR | CY2009 | 20090001213
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his records to show that he was advanced to the rank/pay grade of specialist (SPC)/E-4 on 1 June 1986. _________XXX______________ 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.