IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110010462
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 change his rank/pay grade.
2. He states he transferred from one new unit to another new unit. He contends both units were disorganized and personnel were not properly trained. These errors affect his current eligibility to enlist and receive benefits for schooling.
3. He provides:
* A DD Form 214 for the period ending 1 September 2005
* A DD Form 214 for the period ending 23 February 2006
* An advancement to Specialist (SPC)/E-4 document
* An extract of his medical readiness record
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 records show he enlisted in the Army National Guard (ARNG) on 27 August 2004 in the grade of private (PVT)/E-1.
3. His record contains a DA Form 2-1 (Personnel Qualification Record Part II) which shows he was advanced to the grade of PVT/E-2 on 21 April 2005.
4. He provided a DD Form 214 for the period ending 1 September 2005 that shows he was released from active duty training. This document shows "PV1" in item 4a (Grade, Rate, or Rank) and "E-1" in item 4b (Pay Grade). Item 12h (Effective Date of Pay Grade) shows "2004 08 27."
5. His DD Form 214 for the period ending 23 February 2006 shows he completed 5 months and 26 days of active duty for special work. Item 4a shows his rank as "PV1" and item 4b shows "E-1" as his pay grade. Item 12h shows the effective date as "2005 02 10."
6. His record contains a DA Form 4187 (Personnel Action) for advancement to Private First Class (PFC)/E-3 effective 10 August 2006.
7. The applicant provided a DA Form 4187 for advancement to SPC/E-4 effective 15 December 2006.
8. A review of his records also shows he was issued a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) on 26 August 2010 after completion of his commitment in the Selected Reserve. His rank/pay grade on this form is shown as SPC/E-4.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows he advanced to PFC/E-3 on 12 August 2006 and to SPC/E-4 on 15 December 2006. Both advancements occurred after the ending periods of both DD Forms 214 and therefore he is not entitled to have either of these grade levels placed on his DD Form 214.
2. The applicant's record shows he was advanced to PVT/E-2 on 21 April 2005. As a result, he is entitled to have both DD Forms 214 corrected to show his rank as "PV2" and his pay grade to show "E-2."
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 amending his DD Forms 214 for the period ending 1 September 2005 and
23 February 2006 as follows:
a. Item 4a deleting "PV1" and replacing it with "PV2";
b. Item 4b deleting "E-1" and replacing it with "E-2"; and
c. Item 12h deleting "2004 08 27" and 2005 02 10" and replacing them with "2005 04 21."
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 records to show a rank/pay grade higher than "PV2/E-2."
_______ _ _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) AR20110010462
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ABCMR Record of Proceedings (cont) AR20110010462
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