IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20120000151
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was released from active duty in the rank/grade of specialist four (SP4)/E-4 instead of private first class (PFC)/E-3.
2. The applicant states due to the length of time he stayed in the military, a promotion should have been given to him. He spent 1 year at Fort Campbell, KY, after leaving overseas.
3. The applicant provides his 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 29 January 1985 in the rank/grade of private/E-1 and he held military occupational specialty 88M (Motor Transport Operator).
3. He served in Panama from 10 June 1985 to 4 June 1987. Upon completion of his overseas tour, he was reassigned to Fort Campbell, KY.
3. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Enlisted Qualification Record) shows he was:
* Promoted to private/E-2 on 29 July 1985
* Promoted to PFC/E-3 on 1 October 1985
* Promoted to SP4/E-4 on 29 January 1986
* Reduced to PFC/E-3 on 2 March 1987
4. He was released from active duty on 31 May 1988 and transferred to the Army National Guard (ARNG). His DD Form 214 shows in:
* items 4a and 4b the entry "PFC" and "E-3," respectively
* item 12h (Effective date of Pay Grade) the entry "87 03 02"
5. Prior to his release from active duty, he enlisted in the ARNG on 31 May 1988. He was assigned to the 261st Signal Command, Dover, DE.
6. On 21 February 1989, he was promoted in the ARNG to SP4/E-4.
7. He was discharged from the ARNG on 15 January 1991. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) listed his rank/grade at the time of his discharge as "SP4" and "E-4" respectively.
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 DA Form 2-1 shows he was reduced to PFC/E-3 on 2 March 1987. He held this rank/grade until his separation on 31 May 1988. There is no evidence of record that shows he was again promoted to SP4/E-4 prior to his release from active duty. His DD Form 214 correctly listed his rank, grade, and effective date of pay grade. He provides no evidence to show these entries are in error.
2. Subsequent to his release from active duty, he was promoted to SP4/E-4 in the ARNG on 21 February 1989. He held this rank/grade until his discharge on 15 January 1991. His NGB Form 22 correctly listed his rank and grade.
3. In view of the foregoing, there is no basis for granting his 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) AR20120000151
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ABCMR Record of Proceedings (cont) AR20120000151
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