BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110011862 


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 records to show he was discharged from the U.S. Army Reserve (USAR) in the rank of sergeant first class (SFC)/pay grade E-7 and transferred to the Retired Reserve in that grade.

2.  The applicant states the incorrect rank is shown on his Chronological Statement of Retirement Points.

3.  The applicant provides copies of his 25 May 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty), promotion orders, Chronological Statement of Retirement Points, and request for "20 Year Letter."

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 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.  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 applicant's 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 USAR on 20 April 1974.  He was awarded military occupational specialty (MOS) 95B (Military Police).

3.  Headquarters, 99th U.S. Army Reserve Command, Oakdale, Pennsylvania, Orders 082-319, dated 13 January 1992, promoted the applicant to SFC (E-7) effective and with a date of rank (DOR) of 15 January 1992.

4.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant reenlisted in the USAR for a period of 3 years on 20 March 1993.  Section B (Agreements), item 8, shows he reenlisted in pay grade E-7.

5.  The U.S. Army Human Resources Command (USA HRC), Integrated Web System (IWS) provides access to the applicant's digital military service records. 
The IWS contains his:

	a.  Total Army Personnel Data Base - Reserve (TAPDB-R) record that shows in the General Information section:

* Grade:  SPC [Pay Grade E-4]
* DOR:  14 April 1994

	b.  Chronological Statement of Retirement Points that shows "Current Grade:  SPC."

6.  U.S. Army Reserve Personnel Center, St. Louis, Missouri, memorandum, dated 24 November 1994, notified the applicant of his eligibility for retired pay at age 60 (Twenty Year Letter).  It shows his rank as "SPC" [specialist/pay grade
E-4].

7.  U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders
D-01-702318, dated 14 January 1997, honorably discharged the applicant from the USAR in the rank of SPC, effective 14 January 1997.

8.  In support of his request, the applicant provides the following documents:

	a.  his 25 May 1991 DD Form 214 that shows he entered active duty this period on 3 January 1991, was honorably released from active duty on 25 May 1991, and transferred to the 304th Military Police Company, Bluefield, West Virginia.  It also shows in:

* item 4a (Grade, Rate or Rank):  SSG (staff sergeant)
* item 4b (Pay Grade):  E6
* item 12 (Record of Service), block h (Effective Date of Pay Grade):
1 April 1987

	b.  Detachment 1, 304th Military Police Company (Minus) (Combat Support), Lewisburg, West Virginia, memorandum, dated 12 October 1994, that requested a "20 Year Letter" for the applicant from USA HRC.  The document does not show the applicant's rank.

9.  A review of the applicant's military personnel records revealed no evidence that he requested correction of his rank at the time he received his “Twenty Year Letter” (in 1994) or when he was discharged from the USAR in 1997.

10.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfer) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers.

	a.  Chapter 6 (Transfer to and from the Retired Reserve) provides that eligible Soldiers must request transfer to the Retired Reserve if they are entitled to receive retired pay from the U.S. Armed Forces because of prior military service based on completion of a total of 20 years of active or inactive service in the U.S. Armed Forces.

	b.  Chapter 7 (Removal from Active Status) provides, in part, that Soldiers assigned to the Selected Reserve, Individual Ready Reserve, and Standby Reserve (Active List) who are removed from active status will be discharged or transferred to the Retired Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was discharged from the USAR in the rank of SFC (E-7) and transferred to the Retired Reserve in that grade.

2.  The applicant was promoted to the rank of SFC (E-7) on 15 January 1992.

3.  While the applicant’s records do not contain orders or any other instrument showing he was reduced to SPC (E-4), his “Twenty Year Letter” issued on
24 November 1994 and discharge orders issued on 14 January 1997 show his rank was SPC.  In addition, the USA HRC IWS shows his rank as SPC (E-4) with a DOR of 14 April 1994.


4.  There is no evidence the applicant requested correction of his rank when his “Twenty Year Letter” or discharge orders were issued.  In addition, he provides no documentary evidence to this Board that supports his request (e.g., official documentation showing he held the rank of SFC (E-7) subsequent to 14 April 1994).  There is also no evidence the applicant requested transfer to the USAR Retired Reserve.

5.  Therefore, based on the available evidence, there is insufficient evidence to grant 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 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)                                         AR20110011862



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ABCMR Record of Proceedings (cont)                                         AR20110011862



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