BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120001766
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 the rank on his discharge orders be corrected.
2. The applicant states he served successfully for 8 years and his rank was incorrectly listed as specialist/E-4 on his discharge orders. He claims this error was probably the result of his not reenlisting at the time.
3. The applicant provides discharge orders, a leave and earnings statement (LES) for 29 June 1988, and a military identification card (ID) in support of his request.
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's record on the interactive Personnel Electronic Records Management System (iPERMS) contains a DD Form 4 (Enlistment/Reenlistment Documents Armed Forces of the United States) that documents the applicant's 29 June 1988 enlistment in the U.S. Army Reserve (USAR). It lists his pay grade as E-4. It also contains a DA Form 1059 (Service School Academic Evaluation Report), dated 24 May 1994 which also lists his rank and grade as SPC/E-4. There are no other documents filed in this record.
3. The Total Army Personnel Data Base (TAPDB) cover sheet for the applicant lists his grade as SPC/E-4 and his date of rank (DOR) as 3 February 1991. An ARPC Form 249-E (Chronological Statement of Retirement Points), dated
27 February 2012, for the applicant lists his grade as SPC/E-4. There are no other documents for the applicant filed in iPERMS.
4. The applicant provides Headquarters, U.S. Army Reserve Command (USARC) Orders 96-262-062, dated 18 September 1996, which directed the applicant's honorable discharge from the USAR. These orders list his rank as SPC in the standard name line (SNL).
5. He also provides an LES, dated 29 June 1988 that lists his pay grade as E-5 and the front side of a military ID card that also lists his rank/grade as sergeant/E-5 (SGT/E-5).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the rank/grade on his discharge orders has been carefully considered. However, there is insufficient evidence to support this claim.
2. Although the applicant provides an LES dated in 1988 and the front side of an ID card that is undated that list his rank/grade as SGT/E-5, all the available documents on iPERMS for the applicant list his rank/grade as SPC/E-4, and his DOR as 3 February 1991. As a result, absent any evidence of record to corroborate the applicant's claim or that confirm he held the rank/grade of SGT/E-5 on the date of his discharge from the USAR, there is an insufficient evidentiary basis to support granting 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) AR20120001766
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