IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110015829
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 that his records be corrected to reflect that he was discharged in the rank and pay grade of specialist E-4.
2. The applicant states that his discharge orders from the U.S. Army Reserve (USAR) incorrectly reflect that he was discharged from the USAR in the rank and pay grade of Private First Class (PFC) E-3. He further states that there was no adverse actions taken to reduce him in grade.
3. The applicant provides a copy of his discharge certificate and his 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 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 enlisted in the USAR on 10 July 1997 for as period of 8 years. He completed his training as a light wheeled vehicle mechanic and was returned to his USAR unit (308th Quartermaster Company). He was advanced to the pay grade of E-3 on 9 September 2001.
3. On 2 March 2003 he was advanced to the pay grade of E-4 and on 15 March 2003 he was ordered to active duty in support of Operation Enduring Freedom with the Company B, 389th Engineer Battalion. He was deployed to Kuwait from 14 May 2003 to 9 June 2003 and to Iraq from 9 June to 27 April 2004.
4. On 8 June 2004 he was honorably released from active duty (REFRAD) in the rank of specialist (SPC) E-4. He had served 1 year, 2 months, and 24 days of active service during his deployment and was returned to the 308th Quartermaster Company in Washington, Iowa.
5. On 5 July 2005 Orders Number 05-186-00002 were published by the 89th Regional Readiness Command which honorably discharged the applicant from the USAR in the rank of PFC and he was issued a discharge certificate to reflect that information.
6. A review of the applicants records failed to show any adverse action or indication that he had ever been reduced from the pay grade of E-4 to the pay grade of E-3. A review of the Total Army Personnel Data Base reflects the applicant's rank as that of a PFC with a date of rank of 9 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was incorrectly discharged in the rank of PFC E-3 has been noted and appears to have merit.
2. The applicant was advanced to the rank and pay grade of SPC E-4 on 15 March 2003 and it appears that his records were not properly annotated to reflect that advancement.
3. Inasmuch as his records contain no evidence to show that he was reduced in grade, it is reasonable to presume that an administrative error resulted in failure to properly record his advancement to the rank of SPC.
4. Accordingly, his records should be corrected to reflect that he was honorably discharged from the USAR in the rank of Specialist on 5 July 2005 and he should be issued a new DD Form 256A to replace the DD Form 256A currently held by the applicant.
BOARD VOTE:
___X_____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 that the applicant was honorably discharged in the rank of specialist on 5 July 2005 and issuing him a new DD Form 256A to replace the one currently held by the applicant.
__________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) AR20110015829
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ABCMR Record of Proceedings (cont) AR20110015829
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