IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100019524
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, that her United States Army Reserve (USAR) discharge documents be corrected to show the rank of specialist four (SPC)/E-4 at the time of discharge.
2. The Army National Guard (ARNG) corrected her rank to show she was discharged in the rank of SPC/E-4. Therefore, her USAR discharge documents should be corrected to reflect this rank.
3. The applicant provides the following documents in support of her application:
* National Guard Bureau (NGB) Form 22a (Correction to NGB Form 22), dated 4 June 2010
* Connecticut ARNG (CTARNG) Orders 155-024, dated 4 June 2010
* CTARNG Orders 155-023, dated 4 June 2010
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 applicants record shows she enlisted in the ARNG on 19 December 1992, and she was trained in and awarded military occupational specialty (MOS)
91B (Medical Specialist).
3. The applicant's record shows she was promoted to the rank of SPC/E-4
on 5 December 1994. It further shows she was reduced to the rank of private (PV1)/E-1 on 10 January 2000, in conjunction with her under other than honorable conditions discharge from the CTARNG.
4. The NGB Form 22 (Report of Separation and Record of Service) issued to the applicant upon discharge from the CTARNG on 10 January 2000 shows she was discharged by reason of unsatisfactory performance and acts or patterns of misconduct.
5. The CTARNG published Orders 130-083, dated 8 July 2000, transferring the applicant to the USAR, effective 10 January 2000. These orders listed the applicants rank as PV1/E-1.
6. USAR Personnel Command (AR-PERSCOM) Orders D-11-152965, dated
15 November 2001, honorably discharged the applicant from the USAR effective 1 December 2001. These orders listed the applicants rank as PV1/E-1 in the standard name line.
7. CTARNG Orders 155-023, dated 4 June 2010 revoked the applicant's reduction orders, dated 8 July 2000 (these orders are not available). CTARNG Orders 155-024, dated 4 June 2010, also amended the applicant's CTARNG Orders 130-083, dated 8 July 2000, to show she was issued a general discharged (GD) by reason of unsatisfactory performance.
8. On 4 June 2010, an NGB 22a was published correcting the applicants rank to SPC/E-4 on the 10 January 2000 NGB Form 22 as modified by the orders issued by the CTARNG on this date.
9. In connection with the processing of this case, an advisory opinion was obtained from the NGB Chief, Personnel Policy Division. It recommends approval of the applicants request and recommends that AR-PERSCOM Orders D-11-152965, dated 15 November 2001, be amended to show her rank as SPC/E-4. It further confirms the action taken by the CTARNG to correct the applicants rank and characterization of service.
10. On 25 October 2010, the applicant concurred with the NGB advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that her USAR discharge documents be corrected to show the rank of SPC/E-4 has been carefully considered and found to have merit.
2. The authority and reason for the applicants reduction was her discharge under other than honorable conditions from the CTARNG. The CTARNG has since modified the type of discharge she received to a GD, revoked her reduction orders, and appropriately corrected her discharge documents from the ARNG; therefore, it would be appropriate to correct her USAR discharge documents accordingly.
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
amending AR-PERSCOM Orders D-11-152965, dated 15 November 2001 to show her rank as SPC/E-4 and correcting any other USAR discharge documents that were issued accordingly.
_______ _ _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) AR20100019524
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ABCMR Record of Proceedings (cont) AR20100019524
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