IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110003320
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct grade, rank, and company.
2. The applicant states the grade, rank, and company shown on his DD Form 214 are incorrect. He states he was never late for formation and he was also in uniform.
3. The applicant provides no 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 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 enlisted in the Regular Army on 23 June 1987, in the pay grade of E-2. He completed training as a power generation equipment operator.
3. The facts and circumstances surrounding the applicant's reduction are not filed in his official military record. However, there is a DA Form 4187 (Personnel Action) filed in his record showing he was reduced to private, pay grade E-1, effective 30 March 1990.
4. Orders 61-21 were published on 3 April 1990 reassigning the applicant from C Battery, 3rd Battalion, 27th Field Artillery (C BTRY, 3/27TH FA) to the U.S. Army Transition Point, Fort Bragg, NC for transition processing.
5. The applicant was released from active duty (REFRAD) on 22 June 1990. His DD Form 214 shows in:
* Item 4a (Grade, Rate or Rank) PV1
* Item 4b (Pay Grade) E-1
* Item 8a (Last Duty Assignment and Major Command) C BTRY, 3/27TH FA
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It states the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD, discharge, or retirement. It states:
* In item 4a and 4b Enter active duty grade or rank and pay grade at time of separation
* In item 8a This entry will show the last .0
* assignment and command to which the Soldier was assigned prior to REFRAD
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. His records show he was reduced to the rank of private, pay grade E-1, on 30 March 1990. His records also show that Orders 61-21 were published on 3 April 1990 reassigning him from C BTRY, 3/27TH FA to the U.S. Army Transition Point, Fort Bragg, NC for transition processing.
3. His DD Form 214 properly shows his grade, rank, and last duty assignment and major command prior to discharge. In view of the foregoing, 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) AR20110003320
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110003320
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100008574
The applicant contends that his DD Form 214 for the period ending 31 March 1994 should be corrected to show the correct: * rank and pay grade * last unit of assignment * specialty 2. The available evidence shows the applicant was initially appointed as 2LT in AOC 11A and he retired on 31 March 1994 in the rank and grade of MAJ/O4. The applicant's DD Form 214 should be corrected to show the above AOCs.
ARMY | BCMR | CY2009 | 20090004225
The applicant requests, in effect, that his 14 August 1990 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his proper rank and pay grade and to add earned awards. Chapter 2 contains DD Form 214 preparation instructions and the instructions in effect at the time of the applicant's separation stated that the PQR and all documents on file in the OMPF would be used as the source for DD Form 214 entries. Notwithstanding the pencil entry in item 18 of the...
ARMY | BCMR | CY2014 | 20140011624
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was promoted to captain (CPT)/ pay grade O-3. Thus, the evidence of record shows the applicant's DD Form 214 shows his correct rank, grade, and effective date.
ARMY | BCMR | CY2009 | 20090020155
The applicant states his rank at the time of his separation from active duty on 2 March 1992 was specialist (SPC)/pay grade E-4. The applicant contends that the rank of PFC (E-3) and RE Code of "RE-3C" shown on his DD Form 214 should be corrected because he held the rank of SPC (E-4) at the time of his voluntary separation under the 1990 Early Transition Program and he should not be penalized with the RE code that he was issued. There is no evidence that the applicant was reduced in rank...
ARMY | BCMR | CY2012 | 20120002816
The applicant provided orders 272-03, dated 29 September 2009, which promoted him to SGT/E-5, effective 1 October 2009. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). His record shows he was a promotable SPC/E-4.
ARMY | BCMR | CY2013 | 20130018300
The applicant requests items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show sergeant (SGT)/E-5 instead of specialist (SPC)/E-4. His Statement of Service (date of preparation illegible) shows his pay grade was E-4 on 1 February 1990. It states for items 4a and 4b, enter the active duty grade of rank and pay grade at the time of separation.
ARMY | BCMR | CY2014 | 20140008186
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-200 (Enlisted Separations), chapter 12, in effect at the time, stated for NCOs holding the rank of MSG at retirement whose records show successful service as a 1SG will be placed on the Retired List in the grade title 1SG. 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.
ARMY | BCMR | CY2012 | 20120019440
BOARD DATE: 16 May 2013 DOCKET NUMBER: AR20120019440 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. This is the rank and pay grade he held on the date of his separation and his DD Form 214 and retirement orders should be corrected accordingly.
ARMY | BCMR | CY2014 | 20140013147
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he held the rank of specialist (SPC)/pay grade E-4 when he was released from active duty (REFRAD). The instructions show for: (1) item 4a and item 4b, enter the active duty grade of rank and pay grade at time of separation, and (2) item 12, block i, enter the effective date of promotion to pay grade. There is no evidence of record that shows the applicant was promoted to SPC...
ARMY | BCMR | CY2014 | 20140001926
The applicant contends that his DD Form 214, DFAS records, and TRICARE/medical records were not corrected to show he was promoted to MAJ because he was promoted just prior to his retirement. While orders were published showing he was promoted to MAJ effective 1 August 2012, the law states that to retire in the grade of MAJ he would have had to serve six months in that grade. While it is appropriate to correct his DD Form 214 to show his rank as MAJ, his DFAS and TRICARE/medical records...