IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100012524
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 back pay from the date of his advancement to the rank/grade of specialist (SPC)/E-4 on 2 November 1985 until the date of his discharge on 31 October 1986.
2. The applicant states:
* he was advanced to SPC/E-4 on 2 November 1985
* he was told he could not put on his stripe until it appeared on his pay record
* the money never appears on his pay record and he was never paid for his advancement
* he did not know he was supposed to have been paid until he out-processed from the Army in 1986
* he did not know there was anything he could do since he was being discharged
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 enlisted in the Army on 2 November 1983 for 3 years, in the rank/grade of private (PV1)/E-1 and he was advanced through the ranks to SPC/E-4, effective 2 November 1985.
3. There are no pay records contained in the applicant's Official Military Personnel File (OMPF) and a review of the available records do not substantiate his contention that he never received pay as an E-4 after his advancement.
4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been considered; however, there is insufficient evidence of record.
2. There is no evidence in the available record, nor has the applicant submitted any evidence (i.e. pay vouchers), to show that he was not paid as an E-4 after he was advanced to that grade.
3. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The applicant has failed to meet this requirement.
4. In view of the foregoing, 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) AR20100012524
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100012524
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