IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110021403
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 her discharge documents from the U.S. Army Reserve (USAR) to show her rank as specialist four (SP4).
2. The applicant states she served in an active status in the USAR from 1982 to 1988 but due to harassment and abuse in her unit, she applied for a transfer which was denied. She then applied for a hardship discharge out of her unit to an inactive status that was fought by her superiors, so she stopped attending drills because she had no options. She claims she was eventually assigned to an inactive status. She states she was a SP4 at the time of her transfer to an inactive status but an error in the paperwork resulted in her documents showing she was a private first class (PFC).
3. The applicant provides:
* Orders 1-1, issued by the 56th Materiel Management Center, Saint Paul, MN, dated 1 February 1986
* DARP Form 249 (Chronological Statement of Retirement Points), dated
5 July 1986
* Orders 67-24, issued by the 974th Personnel Service Company, Des Moines, IA, dated 18 August 1986
* Orders C-02-012080, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 10 February 1988
* Honorable Discharge Certificate, dated 17 February 1988
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 18 February 1982. On 8 July 1983, the applicant entered initial active duty for training (IADT). She was trained in and awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist). On 15 August 1983, she was honorably released from active duty and returned to her USAR Troop Program Unit (TPU).
3. The applicants DA Form 2-1 (Personnel Qualification Record) shows she was advanced to PFC on 17 September 1983 and promoted to SP4 on 1 February 1986. Her Military Personnel Records Jacket (MPRJ) contains Orders 1-1, dated 1 February 1986, that promoted her to SP4 effective and with a date of rank of
1 February 1986.
4. The MPRJ also contains a DARP Form 249, dated 5 July 1986, that shows the applicant completed 2 years of qualifying service for retirement and accrued 174 retirement points between 18 February 1983 and 17 February 1986. This document lists the applicants rank as SP4. The MPRJ is void of any documents or orders that indicate the applicant was ever reduced to PFC subsequent to her advancement to SP4.
5. Orders 67-24, dated 18 August 1986, relieved the applicant from her TPU assignment and transferred her to the USAR Control Group (Annual Training), effective 2 August 1986. The standard name line (SNL) of these orders listed her rank as PFC.
6. Orders C-02-012080, dated 10 February 1988, directed the applicants honorable discharge from the USAR effective 17 February 1988. The SNL of these orders listed her rank as PFC.
7. The applicant provides an Honorable Discharge Certificate that shows she was honorably discharged from the USAR on 17 February 1988. This document lists her rank as PFC.
8. Army regulations provide for entering the rank held at the time of discharge on separation documents. At the time of the applicants discharge the DA Form 2-1 was the primary source record for separation document entries.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct her discharge documents to show her correct rank of SP4 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant was promoted to SP4 on
1 February 1986, as evidenced by an entry on her DA Form 2-1 and promotion orders in the MPRJ. Absent any orders or other documents indicating the applicant was ever reduced by proper authority prior to her discharge from the USAR, it must be presumed the rank of PFC entered on her discharge documents was the result of administrative error. Therefore, it would be appropriate to correct her USAR discharge orders and her Honorable Discharge Certificate to show her rank as SP4.
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:
a. amending Orders C-02-012080, issued by the U.S. Army Reserve Personnel Center, St. Louis, dated 10 February 1988 to show her rank as SP4, and
b. issuing her a new Honorable Discharge Certificate, dated 17 February 1983, that shows her rank as SP4.
___________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) AR20110021403
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110021403
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090017300
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 May 1991 to show the rank of sergeant (SGT)/pay grade E-5. Based on the evidence of record, the applicant was properly released from active duty on 13 May 1991 in the rank and grade of SPC/E-4. On 13 May 1991, she was released from active duty and issued a DD Form 214 showing her rank and pay grade as SPC/E-4.
ARMY | BCMR | CY2011 | 20110024429
His DD Form 214 shows he was honorably released from active duty on 19 March 1985 in the rank/grade of SP4/E-4. Though there are no promotion orders in his records, his record contains Orders D-03-020063 issued by the USAR Personnel Center on 10 March 1987 discharging him from the USAR in the rank/grade of SSG/E-6. There is no evidence in his records and he has not provided any evidence to show he was promoted to SGT or SSG while serving on active duty or that he was an SSG at the time of...
ARMY | BCMR | CY2014 | 20140020049
The applicant states, in effect, he terminated his service with the U.S. Army Reserve (USAR) because his new first sergeant was out to replace him with a friend. 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. A qualifying year is determined to be a year in which a minimum of 50 retirement points have been credited for a Reserve member.
ARMY | BCMR | CY2010 | 20100024493
The applicant requests documents be added to her official military personnel file (OMPF). USAR Personnel Center Permanent Orders 52-2, dated 16 April 1993, awarded her the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity in active military service for the period 29 December 1986 through 28 December 1989. The following documents/forms are filed in her OMPF.
ARMY | BCMR | CY2008 | 20080014939
Application for correction of military records (with supporting documents provided, if any). The applicant requests corrections to his DD Form 214 for the period 11 July 1986 through 11 April 1987. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 for the period 11 July 1986 through 11 April 1987 to show he was a high school graduate.
ARMY | BCMR | CY2012 | 20120004386
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 November 1984 to show: * her rank as sergeant (SGT) at the time of separation from the U.S. Army Reserve (USAR) * she was awarded military occupational specialty (MOS) 95B (Military Police) and 97B (Counter Intelligence Agent) * she completed Drill Sergeant School * 179 days of active service with the 98th Division 2. She states her DD Form 214 is missing: *...
ARMY | BCMR | CY2014 | 20140013210
The applicant requests reconsideration of her earlier request for correction of the following documents to show her rank and grade as major (MAJ)/O-4 instead of captain (CPT)/O-3: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 November 1982 * U.S. Army Reserve (USAR) discharge orders, dated 6 October 1994 * DD Form 256A (Honorable Discharge Certificate), dated 6 October 1994 * USAR Personnel Center (DARP) Form 249-2-E (Chronological Statement of...
ARMY | BCMR | CY2010 | 20100018123
The applicant's record shows: a. on 2 March 1982 she enlisted in the U.S. Army Reserve (USAR) and she was ordered to active duty for split option training; b. from 24 May 1982 to 17 July 1982 she attended basic training at Fort Jackson, SC; c. in Orders Number 40-7, issued by the Military Entrance Processing Station, Nashville, TN, dated 25 February 1983, she was ordered to active duty to attend advanced individual training in MOS 72E; d. in Orders Number 106-143, issued by Headquarters,...
ARMY | BCMR | CY2009 | 20090019555
The applicant's military personnel records show she enlisted in the USAR on 8 May 1984 for a period of 6 years. Item 2 (SSN) of her DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States) shows her SSN as xxx-xx-6605. The applicant's enlistment document, orders for IADT and ADT, DARP Form 249, DD Form 214, and additional records throughout her military personnel record identify her with the SSN xxx-xx-6605.
ARMY | BCMR | CY2013 | 20130013519
The applicant requests correction of her military record to: * show her rank/grade of private (PV2)/E-2 instead of private PV1/E-1) * show her correct time in service in the U.S. Army Reserve (USAR) * fulfill her Student Loan Re-payment Program (SLRP) agreement 2. The applicant states: * her rank of E-1 was given after a commanding officer in another unit made them give her a rank * her time in service is incorrect; she completed her 2-week drills and one weekend a month drills * she had...