IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100022246
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, his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 17 March 1991 be corrected to show his rank/pay grade as specialist (SPC)/E-4.
2. The applicant states he:
Served from April 1984-April 1990 and did not re-enlist. Called back through Ready Reserve and immediately returned for duty, but found my rank listed as E3. I was told it would be handled when I returned from Desert Storm. It finally was taken care of in letter dated Mar 4, 2010 by Major General L____ W. S____.
3. The applicant provides:
* a 30 July 2010 letter from the Defense Finance and Accounting Service
* a 4 March 2010 letter from the Minnesota Army National Guard (MNARNG)
* Certificate of Honorable Discharge from the MNARNG, dated 11 April 1990
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period 12 April 1984-14 September 1990
* NGB Form 22A (Correction to NGB Form 22), dated 11 February 2010
* DA Form 3686 (Joint Uniform Military Pay System-Army Leave and Earnings Statement) for the period 1-31 March 1990
* DD Form 214 for the period 31 January 1991-17 March 1991
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the MNARNG from 12 April 1984 through 11 April 1990. He was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). At the time of separation, he was an SPC/E-4.
3. On 14 September 1990, the MNARNG issued the applicant an NGB Form 22 showing he was separated as a private first class (PFC)/E-3 with a general characterization of service as an unsatisfactory participant.
4. The applicant was recalled and ordered to active duty as a member of the USAR in support of Operation Desert Storm. He reported for active duty as a PFC/E-3 on 31 January 1991. He was transferred to Germany for duty with Company C, 3rd Battalion, 8th Infantry. After 29 days, he returned to the United States and separated at Fort Dix, NJ, on 17 March 1991. He served a total of 1 month and 17 days of active duty.
5. In February 2010, the MNARNG reviewed the applicant's separation and found errors. His NGB Form 22 was corrected to show he served 6 years from 12 April 1984 through 11 April 1990 and was honorably separated as an
SPC/E-4 with a date of rank of 29 May 1986. His authority and reason for separation was corrected as follows:
* delete "PARAGRAPH 8-27G, NGR 600-200/UNSATISFACTORY PARTICIPANT"
* add "PARAGRAPH 8-26X, NGR 600-200/EXPIRATION OF SERVICE OBLIGATION"
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his rank/pay grade as SPC/E-4.
2. It appears the applicant was honorably separated from the MNARNG on 11 April 1990 by reason expiration of his 6-year service obligation as an
SPC/E-4. However, for reasons unknown, his former unit Company D, 2nd Battalion, 136th Infantry continued to carry him as a member from 12 April 1990 to 14 September 1990. Because he did not perform scheduled drills, the unit pursued his discharge as an unsatisfactory participant. He was given a general characterization of service and, most likely, administratively reduced to PFC/E-3.
3. When he was recalled from the USAR, his orders picked up on the incorrect NGB Form 22 and showed him as a PFC/E-3.
4. On 11 February 2010, the MNARNG corrected the errors on his NGB Form 22. Therefore, it would be correct to amend his DD Form 214 to show his rank as SPC/E-4 with a date of rank of 29 May 1986.
BOARD VOTE:
____X___ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* correcting his DD Form 214 for the period ending 17 March 1991 to show he was an SPC/E-4 with a date of rank of 29 May 1986
* paying to him any due difference in pay from PFC/E-3 to SPC/E-4
_______ _ 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) AR20100022246
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ABCMR Record of Proceedings (cont) AR20100022246
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