BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100024066 


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 correction of his DD Form (Honorable Discharge Certificate) to show his rank as specialist four (SP4).  He also requests a corrected copy of DD Form 256A.

2.  The applicant states his DA Form 256A shows his rank as private first class (PFC).  It should read SP4.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Orders 017-167, dated 26 January 1982; DD Form 1351-2 (Travel Voucher) dated 22 April 1982; DA Form 3686 (Jumps-Army Leave and Earnings Statement) for the months of February and March 1982;
FC Form 26 (CTA 50-900 Clearance Certificate and Turn-in Instructions) dated 
12 April 1982; and DD Form 256A dated 14 April 1986.

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.  On 15 April 1980, the applicant enlisted in the Regular Army (RA).  He completed his initial training and was awarded military occupational specialty 11H (Heavy Anti-armor Weapons Crewman).

3.  On 1 January 1981, the applicant was advanced to the rank of PFC, pay grade E-3.

4.  Orders 017-167, 4th Infantry Division, dated 26 January 1982, as provided by the applicant, promoted the applicant to the rank of SP4, pay grade E-4 with an effective date and date of rank of 1 February 1982.

5.  DA Forms 3686, as provided by the applicant, show that he was paid as an 
E-4 for the period from 1 February to 31 March 1982.

6.  FC Form 26, as provided by the applicant, indicates that his pay grade on 
12 April 1982 was E-4.

7.  DD Form 1351-2, dated 22 April 1982, as provided by the applicant, indicates his pay grade at the time was E-4.

8.  The applicant's DD Form 214, ending on 14 April 1982, shows:

	a.  Item 4a (Grade, Rate or Rank) and 4b (Pay Grade): SP4 and E-4, respectively [appears to have been previously corrected, but improperly];

	b.  Item 9 (Command to which Transferred): U. S. Army Reserve (USAR) Control Group (Annual Training);

	c.  Item 12h (Effective Date of Pay Grade): 81 - 1 - 1 [indicating 1 January 1981]; and

	d.  Item 12i (Reserve Obligation Termination Date): 86 - 4 - 14 [indicating 14 April 1986.

9.  Orders d-04-025013, U.S. Army Reserve Personnel Center, dated 9 April 1986, indicates the applicant's rank as PFC.  The applicant was assigned for annual training and was not present for duty.  These orders direct his honorable discharge from the USAR.

10.  The applicant's DD Form 256A shows his rank as PFC and that he was discharged from the USAR on 14 April 1986.

11.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214 and DD Form 256A.  It requires that all Soldiers receiving an honorable discharge be issued a DD Form 256A.  In the space under "this is to certify that," enter the name, typed-in capital letters in signature order, followed by the grade and enlisted component (Do not include a Soldier's SSN.) Spell out the component if RA; enter other components as ARNGUS or USAR. Type the name of the officer signing the certificate between the lines in the lower right corner of the certificate. Type the name in capital letters in the signature order, with grade and branch centered below the name.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 256A, issued on 14 April 1986, should be corrected to show his rank as SP4.

2.  The available evidence clearly shows that the applicant held the rank of SP4 and pay grade E-4 at the time of his release from active duty.  Furthermore, he was assigned to the USAR for annual training and was not routinely available for duty.

3.  There is no available evidence showing that the applicant was ever recalled for duty in the USAR, or that he was ever reduced for cause.

4.  In view of the above, the applicant's records should be corrected, as appropriate, to show his rank as SP4, and his date of rank as 1 February 1982.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  ____x____  ___x____  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.  issuing a DD Form 215 (Correction to DD Form 214) to show in item 4a and 4b his rank and pay grade as SP4 and E-4, respectively; and in item 12h his date of rank as: 1 February 1982;

	b.  amending Orders D-04-025013, U.S. Army Reserve Personnel Center, dated 9 April 1986 to show his rank as SP4; and

	c.  re-issuing him a DD Form 256A showing his rank as SP4.



      __________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)                                         AR20100008161



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ABCMR Record of Proceedings (cont)                                         AR20100024066



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