IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20120022040
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 record to show his rank and grade as specialist four (SP4/E-4) instead of private first class (PFC/E-3).
2. The applicant states he was promoted to SP4/E-4 in July 1993, just prior to being discharged from the Army.
3. The applicant provides no additional documentary evidence.
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's record shows that he enlisted in the Regular Army on 9 August 1990, and he was trained in and awarded military occupational specialty (MOS) 88M (Motor Transport Operator ).
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was promoted to the rank of PFC/E-3 on 11 January 1993, and this was the highest rank he held while serving on active duty.
4. His Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file) is void of any orders or other documents that indicate he was ever recommended for or promoted to SP4/E-4 or any other grade above PFC by proper authority while serving on active duty.
5. On 3 June 1993, Headquarters, United States Army Infantry Center published Orders Number 154-1157. It directed the applicant's release from active duty (REFRAD) in the rank and grade of PFC/E-3, effective on 8 August 1993.
6. On 8 August 1993, the applicant was honorably REFRAD. The DD Form 214 he was issued at the time confirms he held the rank and grade of PFC/E-3, and that he completed a total of 3 years of active military service.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicants discharge contained item-by-item instructions for completing the DD Form 214 in Section II. These instructions indicated that the active duty grade of rank and pay grade at the time of separation will be entered in on this document.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his record should be corrected to show he held the rank and grade of SP4/E-4 at the time of his release from active duty. There is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant was last promoted to PFC/E-3 on 11 January 1993 and this was the rank and pay grade he held on the date of his REFRAD, as evidenced by his DA Form 2-1 and his REFRAD order. In accordance with the applicable regulation, the applicants DD Form 214 and record correctly shows the appropriate rank and grade he held at the time of his REFRAD.
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) AR20120022040
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ABCMR Record of Proceedings (cont) AR20120022040
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