BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006327
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 item 4a (Grade, Rate or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as corporal (CPL) instead of specialist (SPC).
2. The applicant states that his promotion records show that he was a CPL. He states that in 2004 he was on a promotion list while on active duty, but for unknown reasons he was removed from the list.
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. Having had prior service in the U.S. Navy, the applicant enlisted in the South Carolina Army National Guard (SCARNG), in the rank/grade of specialist/E-4, on 20 November 1993.
3. On 3 September 2002, he was ordered to active duty in support of Operation Noble Eagle. His mobilization orders show his rank as SPC.
4. On 10 February 2006, he was honorably discharged. Item 4a of his DD Form 214 shows his rank as SPC. Item 5a of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his rank as SPC.
5. His available record is void of any documents that show he was laterally appointed to CPL. His official military personnel file (OMPF) contains two different Enlisted Promotion Point Worksheets, dated 3 November 2003 and 21 February 2005; however, both show his rank as SPC.
6. Army Regulation 635-5 (Personnel Separations Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Paragraph 2-4h(4) states that item 4 shows the rank in which a member was serving at the time of separation.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DD Form 214 should be corrected to show he was a CPL at the time of his discharge. The evidence of record does not support this contention; therefore, he is not entitled to the requested relief.
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) AR20110006018
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