Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110011970
Original file (20110011970.txt) Auto-classification: Denied

		

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011970 


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 records to show he was discharged from the Pennsylvania Army National Guard (PAARNG) in the rank/grade of specialist four (SP4)/E-4 instead of private (PV2)/E-2.

2.  The applicant states he was reduced to PV2/E-2 because he did not reenlist.

3.  The applicant provides:

* ARNG Honorable Discharge Certificate
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* NGB Form 23 (ARNG Retirement Credits Record)
* Certificate of Appreciation
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 PAARNG on 19 September 1983.  He entered active duty for training (ADT) on 30 July 1984.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 95B (Military Police).  He was honorably released from ADT on 27 November 1984 to the control of his ARNG unit.

3.  He was honorably discharged from the ARNG on 18 September 1989.  His NGB Form 22 shows he completed 6 years of ARNG service.  This form also shows in:

* items 5a (Rank) and 5b (Pay Grade) the entries "PV2" and "E-2," respectively
* item 6 (Date of Rank) the entry "30 January 1985"

4.  His official records do not contain official orders that show he was promoted to private first class (PFC)/E-3 or SP4/E-4 or reduction orders that show he was reduced from SP4/E-4 to PFC/E-3 and/or PV2/E-2.  It is unclear if he was promoted to SP4/E-4 and was later reduced or if he was never promoted higher than PV2/E-2.

5.  He provides an NGB Form 23 for the period 19 September 1983 through 31 March 1989 that shows his rank as SP4.  He also provides a certificate of appreciation that shows his rank as SP4.

6.  National Guard Regulation 600-200 (Enlisted Personnel Management) prescribes the criteria, policies, processes, procedures and responsibilities for personnel management of members of the ARNG.  The regulation in effect at the time stated the NGB Form 22 would show the rank and grade at the time of separation.

DISCUSSION AND CONCLUSIONS:

The applicant's records do not contain official orders promoting him above the rank/grade of PV2/E-2.  In the absence of official orders that conclusively show he was promoted to SP4/E-4 and held that rank/grade at the time of his discharge from the ARNG, there is insufficient evidence to grant him 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)                                         AR20110011970



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011970



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090011581

    Original file (20090011581.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2009 | 20090006483

    Original file (20090006483.txt) Auto-classification: Denied

    However, his records show that on 17 August 2001, Headquarters, 81st Regional Support Command, Birmingham, AL, published Orders 229-013L honorably discharging the applicant from the USAR, effective 31 August 2001, under the provisions of Army Regulation 135-178 (Enlisted Administration Separation). The evidence of record shows that the applicant enlisted in the PAARNG on 30 April 1983 and was discharged in the rank/grade of PV2/E-2 by reason of unsatisfactory service on 1 February 1988. ...

  • ARMY | BCMR | CY2010 | 20100000197

    Original file (20100000197.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty), ending on 6 August 1977, to show his rank/grade as specialist four (SP4)/E-4 instead of private (PV2)/E-2. His rank and grade at the time of release from active duty was PV1/E-1. There is no evidence in his records and he did not provide any evidence that shows he was promoted beyond this rank/grade while on active duty.

  • ARMY | BCMR | CY2014 | 20140000167

    Original file (20140000167.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * item 4a (Grade, Rate or Rank) and 4b (Pay Grade), to show specialist four (SP4)/E-4 instead of private (PV1)/E-1 * item 11 (Primary Specialty Number, Title and Years and Months in Specialty), to show he served in his military occupational specialty (MOS) for 6 years instead of zero (0) years and months * item 12a (Date Entered Active Duty (AD) This Period), to show...

  • ARMY | BCMR | CY2009 | 20090018991

    Original file (20090018991.txt) Auto-classification: Approved

    The applicant requests, through his United States Senator: * That his name be "cleared of the slander and libel stating that I was AWOL [absent without leave]" * That his rank be adjusted to something higher, such as lieutenant colonel * That his student loans be repaid * That his retirement points be updated * That he receive a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his Reserve Army Nurse Corps service 2. The applicant enlisted in the Pennsylvania Army...

  • ARMY | BCMR | CY2001 | 2001058362C070421

    Original file (2001058362C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s records contain a copy of Headquarters, 102nd USAR Command Orders 49-26, dated 16 April 1985, which shows that he was honorably discharged from the USAR on 11 February 1985, in order to reenlist in the KSARNG. On 28 December 1987, the applicant’s commander submitted a request to separate the applicant from the KSARNG.

  • ARMY | BCMR | CY2010 | 20100013123

    Original file (20100013123.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2013 | 20130022322

    Original file (20130022322.txt) Auto-classification: Denied

    Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted to PFC/E-3 in the USAR on 10 January 1985. The applicant enlisted in the ARNG on 15 February 1990 in the rank/grade of SPC/E-4. After having accumulated over 16 unexcused absences, her chain of command declared her an unsatisfactory participant and reduced her to PFC/E-3 for inefficiency.

  • ARMY | BCMR | CY2011 | 20110008502

    Original file (20110008502.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his service in the U.S. Army Reserve (USAR) * his rank/grade of staff sergeant (SSG)/E-6 * completion of military occupational specialty (MOS) 16S Stinger Crewman Transition Training Course * 6 months of training overseas 2. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214 and states: * items 4a and 4b show the active duty rank and...

  • ARMY | BCMR | CY2009 | 20090015515

    Original file (20090015515.txt) Auto-classification: Approved

    The applicant requests: a. correction of his records to show he was medically discharged instead of honorably discharged; b. correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: (1) items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) to show his rank/grade as specialist four (SP4)/E-4 instead of private (PV2)/E-2. With respect to his education, the evidence of record shows at the time he enlisted in the ARNG, he was not a high school graduate. ...