IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100024431
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 214 (Report of Separation from Active Duty), effective 1 February 1974, to show his rank as specialist five, and pay grade as E-5.
2. The applicant states his last pay grade was specialist five.
3. The applicant provides a disposition form, dated 6 October 1981.
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. On 4 February 1971, the applicant enlisted in the Regular Army in the rank and pay grade of private (E-1).
3. On 1 February 1974, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he received shows his rank as specialist four, and his pay grade as
E-4, with a date of rank of 21 January 1972.
4. A review of his official military records failed to reveal orders, personnel actions, or any other evidence showing he was advanced/promoted to specialist five prior to his discharge from active duty.
5. Orders Number 6-2, dated 10 February 1981, issued by the 339th General Hospital, Pittsburgh, PA show he was promoted to specialist five on 10 February 1981.
6. The applicant provides his Modular Training Evaluation for the training period 4 to 17 October 1981 which shows his rank as specialist five.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty, discharge, or retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214, effective 1 February 1974, to show his rank as specialist five, and pay grade as E-5.
2. The evidence shows the highest verifiable rank and pay grade the applicant attained while he served on active duty was specialist four, E-4. He was advanced to this rank and pay grade on 21 January 1972 and there are no orders showing he was promoted to specialist five while he served on active duty.
3. The evidence provided by the applicant shows he held the rank of specialist five on 16 October 1981 which is after the applicant was discharged and therefore would not be shown on his DD Form 214, effective 1 February 1974.
4. In view of the above, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20100024431
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ABCMR Record of Proceedings (cont) AR20100024431
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