IN THE CASE OF:
BOARD DATE: 7 July 2011
DOCKET NUMBER: AR20110000050
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 (Certificate of Release or Discharge from Active Duty) to show his place of entry on active duty as Beckley, West Virginia, and his rank as specialist four, pay grade E-4.
2. The applicant states he entered active duty in Beckley, West Virginia.
3. The applicant provides no additional documentation.
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 applicant's DD Form 4/1, dated 20 January 1984, indicates that he enlisted in the U.S. Army Reserve (USAR) for 6 years in the rank of private, pay grade E-1. This form also shows in:
a. Item 5 (Home of Record): Scottown, Ohio 45678;
b. Item 6 (Place of Enlistment/Reenlistment): Beckley, WV
3. Order Number 13-3, Beckley Military Entrance Processing Station, dated
20 January 1984, ordered the applicant to report to Fort Leonard Wood, Missouri to complete initial active duty for training (IADT) status. His report date was
24 January 1984. The orders were addressed to the applicant's place of residence in Scottown, Ohio. He was ordered to proceed from that address no later than 23 January 1984 to report to his place of training.
4. The applicant's DD Form 214 shows:
a. he entered IADT on 23 January 1984 from Scottown, Ohio;
b. he completed his initial training and was awarded military occupational specialty 64C (Motor Transport Operator);
c. he was released from IADT on 17 May 1984, at Fort Leonard Wood, Missouri, in the rank of private, pay grade E-1; and
d. he was transferred to 326th Ordnance Company, USAR, located in Huntington, West Virginia.
5. A DA Form 2-1 (Personnel Qualification Record - Part II) shows the applicant was advanced in rank as follows:
* private, pay grade E-2: 13 July 1984
* private, pay grade E-3: 16 August 1985
* specialist four, pay grade E-4: 26 May 1986
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he entered active duty in Beckley, West Virginia and was a specialist four, pay grade E-4 at the time of release from IADT.
2. The available evidence clearly shows the applicant enlisted in the USAR at the MEPS located in Beckley, West Virginia. However, it appears he was at his place of residence in Scottown, Ohio when he was ordered to IADT 3 days later.
3. The applicant's IADT was from 23 January to 17 May 1984. He was not advanced beyond private, pay grade E-1 until 13 July 1984, and did not receive the rank of specialist four, pay grade E-4 until 26 May 1986. Therefore, his
DD Form 214 appears to correctly show his rank at the time of release from IADT as private, pay grade E-1.
4. In view of the above, the applicant's 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) AR20110000050
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ABCMR Record of Proceedings (cont) AR20110000050
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