IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017094
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 the DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank as specialist (SPC)/E-4.
2. The applicant states she was promoted to SPC/E-4 just 3 months prior to her discharge.
3. The applicant provides:
* DA Form 4187 (Personnel Action)
* Memorandum, Combined Forces Land Command Component Kuwait, APO AE, dated 25 August 2002, subject: Promotion Recommendation
* DA Form 638 (Recommendation for Award)
* DD Form 214
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 Regular Army on 26 February 2001. She completed training and was awarded military occupational specialty 98C (Signal Intelligence Analyst). The highest rank/grade she attained while on active duty was private first class (PFC)/E-3.
3. The applicant's DD Form 214 shows the following:
a. Item 4a (Grade, Rate, or Rank) shows PFC.
b. Item 4b (Pay Grade) shows E-3.
c. Item 18 (Remarks) shows the applicant did not complete her first full term of service.
4. The applicant's DA Form 4187 shows she was advanced to specialist/E4, with a waiver, with a date of rank and effective date of 1 October 2002.
5. The applicant was honorably released from active duty on 20 January 2003. She completed 1 year, 10 months, and 25 days of active military service.
6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant's Master Military Pay Account shows she received the pay of an E-4 beginning 1 October 2001 until she was released on 20 January 2003.
7. Army Regulation 600-8-10 (Enlisted Promotions and Reductions) authorizes commanders to promote Soldiers to the grade of SPC or corporal and below. Company, troop, battery, and separate detachment commanders of provisional units in the grade of first lieutenant or above are authorized to promote Soldiers who do not require a waiver to the grades of private second class (PV2), PFC, and SPC. Authority to promote Soldiers to PV2, PFC, and SPC who require waivers remain with the commander of the unit to which the Soldiers are permanently assigned.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of her DD Form 214 to show her rank/grade as SPC/E-4 was carefully considered and determined to have merit.
2. DFAS confirmed the applicant's Master Military Pay Account shows she received the pay of an E-4 beginning 1 October 2002 until she was released on 20 January 2003. Therefore, she is entitled to correction of her DD Form 214 to show her rank/grade as SPC/E-4.
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 amending her DD Form 214 to show her rank/grade as SPC/E-4 with an effective date of pay grade of 1 October 2002.
_______ _ 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) AR20110017094
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ABCMR Record of Proceedings (cont) AR20110017094
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