IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100018676
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 that he be issued an Honorable Discharge Certificate in the rank of Specialist Four (SP4).
2. The applicant states, in effect, that he was released from active duty (REFRAD) in the rank of SP4; however, his discharge certificate reflects that he was discharged in the rank of private first class (PFC).
3. The applicant provides a copy of his discharge certificate and 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. After having had prior service, he enlisted in the Regular Army in Charlotte, North Carolina in the pay grade of E-3 on 20 November 1990 for a period of
4 years and training as an infantryman. He completed his training and he was advanced to the pay grade of E-4 on 8 October 1994.
3. On 19 November 1994, he was honorably REFRAD in the rank and pay grade of SP4/E4 due to completion of required service. He had completed 4 years of total active service and he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).
4. On 24 January 1996, he was issued an Honorable Discharge Certificate reflecting that he was honorably discharged in the rank of PFC.
5. A review of his official records failed to show he was ever reduced from the pay grade of E-4. In fact most of his records reflect that he was advanced to the pay grade of E-3 on 8 August 1990.
DISCUSSION AND CONCLUSIONS:
1. Given that the applicant was advanced to the rank of SP4 about a month before his REFRAD, it is reasonable to presume that his records were not properly posted before being transferred to the USAR.
2. Likewise, given the absence of any evidence to show that he was ever reduced to the pay grade of E-3, it is reasonable to presume that the rank on his Honorable Discharge Certificate was simply an administrative error.
3. Accordingly, it would be appropriate to issue him an Honorable Discharge Certificate in the rank of SP4 to replace the Honorable Discharge Certificate issued on 24 January 1996 in the rank of PFC.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 issuing him an Honorable Discharge Certificate in the rank of SP4 to replace the Honorable Discharge Certificate in the rank of PFC issued to him on 24 January 1996.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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.
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