IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110013307
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 record to show he was discharged from the U.S. Army Reserve (USAR) in the rank of sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.
2. The applicant states:
a. He held the rank of SGT at the time he was transferred from active duty to the inactive Reserve; however, he was discharged in the rank of SP4.
b. He has reenlisted in the USAR and he would like to have his rank fixed.
c. He has payroll stubs confirming he held the rank of SGT when he entered the inactive Reserve.
d. He wants his honorable discharge order to show he held the rank of SGT and a copy of the correction forwarded to him.
3. The applicant provides:
* Award Certificate
* two Reassignment Orders
* three DA Forms 3686 (Leave and Earnings Statements)
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 military record shows he initially enlisted in the USAR, on 29 March 1979, in the rank of private (PVT/E-1). He was trained in and awarded military occupational specialty 64C (Motor Transport Operator).
3. His DA Form 2-1 (Personnel Qualification Record) shows he was promoted accordingly in item 18 (Appointments and Reductions):
PV2
USAR
791018
PFC
USAR
800109
SP4
USAR
810910
SP5
USAR
840722
SGT
USAR
851001
4. On 13 February 1989, Headquarters, First United States Army and Fort George G. Meade, published Orders Number 28-9. The applicant was transferred within the Reserve Components, Control Groups, or units from his current unit to the USAR Control Group (Reinforcement) (also known as Individual Ready Reserve (IRR)) effective 13 February 1989, in the rank of SGT.
5. On 24 April 1991, the U.S. Army Reserve Personnel Center, St. Louis, Missouri, published Orders Number D-04-012652. It directed the applicant's discharge from the IRR in the rank of SP4, effective 24 April 1991.
6. There is no evidence of record to show the applicant was ever reduced from SGT to SP4.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show he was discharged from the USAR Control Group on 24 April 1991, in the rank of SGT.
2. The evidence of record confirms the applicant was promoted to SGT on 1 October 1985, and this was the rank he held at the time of his transfer to the IRR on 13 February 1989.
3. The evidence of record shows the applicant was discharged from the IRR on 24 April 1991 in the rank of SP4. However, while he remained in an active status of the IRR from 13 February 1989 through 24 April 1991, he performed no military service and his record contains no evidence showing he was ever reduced during this period or at any time during his military service. Therefore, it would be appropriate to correct his record to show he was discharged from the IRR on 24 April 1991, in the rank of SGT.
BOARD VOTE:
___X____ ___X ___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was discharged from the Ready Reserve, on 24 April 1991, in the rank of sergeant, and providing him a document that shows this correction.
__________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) AR20110013307
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ABCMR Record of Proceedings (cont) AR20110013307
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