IN THE CASE OF:
BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100017453
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, in effect, items 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states:
* His rank and pay grade should be PV2 [private 2]/E-2 on his DD Form 214
* He was sent a letter informing him of an automatic promotion
3. The applicant provides:
* Two Separation Pay Worksheets
* 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 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 Regular Army on 30 December 2004. He was honorably discharged by reason of physical disability with severance pay on
30 June 2005.
3. Item 4a of his DD Form 214 shows the entry "PV1" [private 1]. Item 4b shows the entry "E1." Item 12h shows the entry "2004 12 30" [30 December 2004].
4. Records from the Defense Finance and Accounting Service (DFAS) show his pay grades as:
* Pay grade E-1 from 30 December 2004 through 29 June 2005
* Pay grade E-2 from 30 June 2005 through 30 June 2005
DISCUSSION AND CONCLUSIONS:
The DFAS information which shows the applicant was separated in the pay grade of E-2 on 30 June 2005 is accepted as sufficient evidence on which to amend items 4a, 4b, and 12h of his DD Form 214.
BOARD VOTE:
__X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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:
a. deleting the entry in item 4a of his DD Form 214 and replacing it with "PV2";
b. deleting the entry in item 4b and replacing it with "E2"; and
c. deleting the entry in item 12h and replacing it with "2005 06 30."
__________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) AR20100017453
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017453
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