BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20100028683
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 his DD Form 214 (Report of Separation from Active Duty) be corrected to show him in the rank/pay grade of private first class (PFC)/E-3.
2. The applicant states that at the time of his discharge he had been promoted to pay grade E-3.
3. The applicant does not provide any additional evidence.
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's military records show he enlisted in the Regular Army in pay grade E-1 on 30 November 1976. He did not complete initial entry training and was not awarded a military occupational specialty.
3. There are no documents showing he was promoted or advanced in grade.
4. All the documents in the applicant's records show him as a private/E-1 except the documents generated at the time of his discharge which show him as a private/E-2.
5. On 6 July 1977, the applicant was honorably discharged. The DD Form 214 he was issued shows him as a private/E-2.
DISCUSSION AND CONCLUSIONS:
1. There are no documents advancing the applicant to the rank/pay grade of PFC/E-3.
2. It appears he was advanced to the rank/pay grade of private/E-2 just prior to being discharged.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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 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) AR20100015063
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ABCMR Record of Proceedings (cont) AR20100028683
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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