IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012844
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 May 2004 to show his rank and pay grade as specialist (SPC)/E-4.
2. The applicant states:
* he was honorably discharged from the Army National Guard (ARNG) in the rank and pay grade of SPC/E-4 on 1 October 2007
* his SPC rank was awarded on 29 May 2003
* his DD Form 214 shows the incorrect rank and pay grade of private first class (PFC)/E-3
* he believes it was a bookkeeping error
3. The applicant provides:
* Honorable Discharge Certificate from the ARNG
* letter of appreciation
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DD Forms 214 for the periods ending 2 August 2002 and 4 May 2004
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 applicant's 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 applicant's 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 ARNG on 27 April 2001. He was ordered to active duty for training on 13 June 2002 and he was released from active duty on 2 August 2002.
3. His DD Form 214 for the period ending 2 August 2002 shows in:
* item 4a (Grade, Rate, or Rank) the entry "PFC"
* item 4b (Pay Grade) the entry "E3"
* Item 12h (Effective Date of Pay Grade) the entry "2002 06 12 [12 June 2002]"
4. He was ordered to active duty on 31 March 2003 in support of Operations Enduring Freedom/Iraqi Freedom. He served in Kuwait and Iraq.
5. A DA Form 4187 (Personnel Action), dated 29 May 2003, shows he was advanced to SPC/E-4 effective 29 May 2003.
6. On 4 May 2004, he was released from active duty.
7. His DD Form 214 for the period ending 4 May 2004 shows in:
* item 4a the entry "PFC"
* item 4b the entry "E3"
* Item 12h the entry "2002 06 12 [12 June 2002]"
8. On 26 April 2007, he was honorably discharged from the ARNG in the rank and pay grade of SPC/E-4. His date of rank is shown as 29 May 2003 on his NGB Form 22.
DISCUSSION AND CONCLUSIONS:
The DA Form 4187 which shows the applicant was advanced to SPC/E-4 effective 29 May 2003 is accepted as sufficient evidence on which to base amending items 4a, 4b, and 12h of his DD Form 214 for the period ending 4 May 2004.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 his DD Form 214 for the period ending 4 May 2004 as follows:
a. deleting the entry in item 4a and replacing it with the entry "SPC,"
b. deleting the entry in item 4b and replacing it with the entry "E-4," and
c. deleting the entry in item 12h and replacing it with the entry "2003 05 29."
_______ _ 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) AR20120012844
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120012844
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006840
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 November 2005. The applicant provides: * three DA Forms 4187 (Personnel Action) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DD...
ARMY | BCMR | CY2011 | 20110010462
ARMY | BCMR | CY2011 | 20110007890
BOARD DATE: 10 November 2011 DOCKET NUMBER: AR20110007890 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist (SPC)/E-4. Therefore, it would be appropriate at this time to correct his DD Form 214 to properly show his rank/grade as SPC/E-4 with a date of rank of 29 March 2007.
ARMY | BCMR | CY2010 | 20100017569
The applicant provides: * DD Form 214 and DD Form 215 (Correction to DD Form 214) * memorandum requesting issuance of a DD Form 215 to correct his separation date * leave and earnings statement (LES) * DA Form 4187 (Personnel Action) for advancement to SPC/E-4 * Permanent Orders 035-434 for award of the Combat Action Badge * DA Form 4187 (Personnel Action) for recommendation for award of the Combat Action Badge CONSIDERATION OF EVIDENCE: 1. Some evidence of record shows he was released from...
ARMY | BCMR | CY2006 | 20060002034C070205
Karmin Jenkins | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank and pay grade as specialist (SPC), E-4.
ARMY | BCMR | CY2011 | 20110014835
Application for correction of military records (with supporting documents provided, if any). This order shows he was awarded the CIB for the period 5 March to 31 May 2003, while participating in combat operations to liberate Iraq. Based on his foreign service in support of OIF, in a designated area during two approved campaigns, he is entitled to award of the ICM with two bronze service stars and to have this award added to item 13 of DD Form 214.
ARMY | BCMR | CY2012 | 20120004954
The applicant provides: * DD Form 214 * Kosovo (Kosovo Force) Identification Card (ID) * military ID card showing his rank and pay grade as SPC/E4 * Article on the 1st Battalion, 32nd Infantry * letter from his commander to his mother postmarked from Kosovo * notarized letter from his mother * previous DD Form 149 (Application for Correction of Military Record) CONSIDERATION OF EVIDENCE: 1. The evidence of record shows the applicant was issued separation orders dated 11 April 2003 showing...
ARMY | BCMR | CY2007 | 20070017731
Ms. Catherine C. Mitrano Director Mr. Michael J. Fowler Analyst The following members, a quorum, were present: Mr. Lester Echols Chairperson Mr. Joe R. Schroeder Member Mr. Larry W. Racster Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 30 December 2006 be corrected to show his rank and pay...
ARMY | BCMR | CY2010 | 20100023051
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist (SPC)/E-4 instead of private first class (PFC)/E-3. 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. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2011 | 20110018018
The applicant requests the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 December 2007: * Item 4a (Grade, Rate or Rank) and 4b (Pay Grade) * Item 14 (Military Education) to show the Combat Lifesaver Course * to show award of a security clearance 2. He also requests the following corrections to his NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service) for the period ending 20 December...