IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110001495
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 in:
* Item 4a (Grade, Rate or Rank) the entry "specialist (SPC)"
* Item 4b (Pay Grade) the entry "E-4"
* Item 5 (Date of Birth (DOB)) the entry "631128" (28 November 1963)
2. He states a typographical error occurred when preparing his DD Form 214 which shows his rank/grade as private first class (PFC)/E-3 and his DOB as "633328."
3. He provides:
* a state of Georgia (GA) birth certificate
* his DD Form 214
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. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the Georgia Army National Guard (GAARNG) on 23 August 1984 in pay grade E-3. His DOB is shown as 631128 on this document.
3. The applicant provided a copy of his birth certificate which confirms his DOB as 28 November 1963.
4. He was ordered to active duty for training (ADT) effective 17 June 1985. His record contains Orders 146-3, issued by Headquarters, U.S. Army Engineer Center, Fort Belvoir, VA, dated 30 July 1985. These orders show he was awarded military occupational specialty (MOS) 52D (Power Generation Equipment Repairer) effective 9 September 1985. His rank is shown as PFC.
5. On 9 September 1985, he was honorably released from ADT and he was transferred to his GAARNG unit. His DD Form 214 issued at the time shows in:
* Item 4a (Grade, Rate or Rank) the entry "PFC"
* Item 4b (Pay Grade) the entry "E-3"
* Item 5 (DOB) the entry "633328"
* Item 12h (Effective Date of Pay Grade) the entry "850617"
6. His record is void of any evidence to show he was advanced to the rank/grade of SPC/E-4 at any time prior to his release from ADT on 9 September 1985.
7. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214. This regulation has historically stated, in pertinent part, to enter the active duty rank and pay grade at time of separation in item 4a and Item 4b from the PQR/ERB/ORB. The instructions for Item 12h indicate, "from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade."
DISCUSSION AND CONCLUSIONS:
1. His request to correct his rank/grade and DOB on his DD Form 214 is partially supported by the evidence of record.
2. His birth certificate and enlistment document shows his correct DOB as
28 November 1963. It is apparent that a typographical error occurred when preparing his DD Form 214. Therefore, it would be appropriate to correct item 5 of his DD Form 214 to show is DOB as 631128.
3. His DD Form 4 shows he enlisted in the ARNG in the rank/grade of PFC/E-3. Orders awarding him MOS 52D effective 9 September 1985 show his rank/grade as PFC/E-3. His DD Form 214 shows his rank/grade as PFC/E-3 with an effective date of pay grade as 17 June 1985.
4. The applicant's record does not show and he has not provided any evidence to show he was advanced to SPC/E-4 prior to his release from ADT. Therefore, in the absence of evidence to the contrary, there appears to be no error or injustice pertaining to his rank/grade. As such, there is an insufficient basis for granting this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 5 of his DD Form 214 the entry "633328" and replacing it with the entry 631128."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to correcting his rank/grade from to reflect "SP4/E-4" instead of the "PFC/E-3" that is currently shown.
___________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) AR20110001495
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ABCMR Record of Proceedings (cont) AR20110001495
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