IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019214
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 grade shown on his 1982 Honorable Discharge Certificate from private first class (PFC) to specialist four (SP4).
2. The applicant states when he was released from active duty in 1979, he held the rank/grade of SP4/E-4.
3. The applicant provides his 1979 DD Form 214 (Certificate of Release or Discharge from Active Duty) and 1982 Honorable Discharge Certificate.
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 U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) for 6 years on 2 March 1976. He was discharged from the DEP on 11 April 1979 and enlisted in the Regular Army for 3 years on 12 April 1979.
3. He held military occupational specialty 22N (Nike Missile Launcher Crewman) and served in a variety of stateside or overseas assignments. He was promoted to SP4/E-4 on 1 September 1977 and held this rank/grade at the time of his separation.
4. He was honorably released from active duty in the rank/grade of SP4/E-4 on 11 April 1979 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligations.
5. It appears at some stage after his transfer to the USAR Control Group (Reinforcement), he was reassigned to a troop program unit (TPU) of the USAR, the 338th General Hospital, Niagara Falls, NY.
6. On 5 November 1979, Headquarters, 338th General Hospital, Niagara Falls, NY, published Orders 17-2 reducing him to PFC/E-3 effective 5 November 1979 in accordance with paragraphs 3-37 and 3-38 of Army Regulation 135-178 (Army National Guard and Army Reserve - Enlisted Administrative Separations).
7. There is no indication in his records that shows he was promoted back to SP4/E-4 between the time of his reduction and the time of his discharge from the USAR.
8. On 19 March 1980, Headquarters, First U.S. Army published Orders 55-45 reassigning him from his TPU, the 338th General Hospital, back to the USAR Control Group (Reinforcement) as an unsatisfactory participant. The orders listed his rank as a PFC.
9. On 26 February 1982, the U.S. Army Reserve Personnel Administrative Center, St. Louis, MO, published Orders 02-1010029 ordering his honorable discharge from the USAR effective 1 March 1982 by reason of having completed his military service obligation. These orders also listed his rank as a PFC.
10. He was issued an Honorable Discharge Certificate that show she was honorably discharged from the USAR in the rank of PFC on 1 March 1982.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty from 12 April 1976 through 11 April 1979, during which he held the rank/grade of SP4/E-4. He was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) while holding this rank/grade.
2. It appears at some stage, he was transferred to a TPU of the USAR. However, it also appears he was an unsatisfactory participant. Accordingly, his USAR Headquarters published official orders reducing him to PFC/E-3.
3. He held the rank/grade of PFC/E-3 until his honorable discharge from the USAR in March 1982 at the conclusion of his military service obligation.
4. There is no evidence in his records and he provides none to show he was promoted back to SP4/E-4 after his reduction. Therefore, his Honorable Discharge Certificate correctly listed his rank/grade of PFC/E-3 and he is not entitled to 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) AR20110019214
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ABCMR Record of Proceedings (cont) AR20110019214
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