BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100015563
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 his pay grade be changed from E-2 to E-6 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states his DD Form 214 erroneously shows he was an E-2, but he was an E-6 at the time of his discharge.
3. He provides a copy of his DD Form 214 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 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 U.S. Army Reserve (USAR) on 15 October 1968. He was ordered to active duty for training (ACDUTRA) on 27 April 1969. He was released from ACDUTRA on 24 August 1969 and returned to USAR control to complete his remaining Reserve obligation.
3. Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) on his DD Form 214 shows his rank and pay grade as private, E-2 and his date of rank is shown as
27 April 1969 at the time of his released from ACDUTRA.
4. His service record contains Unit Orders Number 22, dated 27 August 1973, which show he was promoted to staff sergeant (SSG), E-6 effective 27 August 1973.
5. His service record does not indicate he served in an active duty status for 90 days or more as an E-6.
6. Orders issued on 11 August 1976 discharged him from the Ready Reserve on 14 October 1976 and his rank is shown as SSG.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. This regulation states, in part, that a DD Form 214 will be prepared for Reserve component Soldiers completing 90 days or more of continuous active duty training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty or Active Guard Reserve service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 shows he was an E-2, but he was an E-6 at the time of discharge is acknowledged. However, his service record does not indicate an error or injustice exists in this case.
2. His service record shows he was advanced to E-2 on 15 February 1969. He was ordered to ACDUTRA from 27 April 1969 to 24 August 1969 and he was issued a DD Form 214 which properly shows he was released from ACDUTRA on 24 August 1969 in pay grade E-2. Therefore, there is no basis for amending his DD Form 214 to show his pay grade as E-6.
3. He was promoted to E-6 on 27 August 1973 and he continued to serve in this pay grade until he was discharged from the Ready Reserve on 14 October 1976. His discharge orders from the Ready Reserve show his rank as SSG/E-6.
4. His record is void of any evidence and he has not provided any evidence showing he had a period of active duty service while holding the rank/grade of SSG/E-6. Therefore, there is no justification for granting his request.
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) AR20100015563
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ABCMR Record of Proceedings (cont) AR20100015563
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