IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130003012
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 payment of monies owed to him.
2. The applicant states he was not paid based on his correct rank of specialist four (SP4)/E-4.
3. The applicant provides copies of orders promoting him to the rank of private first class (PFC)/E-3 and SP4/E-4; U.S. Army Reserve (USAR) discharge orders, dated 20 September 1972; his DD Form 214 (Report of Transfer or Discharge); and a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service.
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 was inducted into the Army of the United States on 17 October 1966, completed training, and was awarded military occupational specialty 65H (Locomotive Specialist).
3. The orders provided by the applicant show he was advanced to PFC/E-3, effective 27 August 1967, and he was advanced to SP4/E-4 effective
19 February 1968.
4. His DD Form 214 shows he was honorably released from active duty on 25 September 1968:
* Item 5a (Grade, Rate or Rank) shows SP4 (T) temporary, "SEE ITEM 30"
* Item 30 (Remarks) states "5A DATE OF APT E3 (P) 27 AUG 67"
* Item 5b (Pay Grade) lists "E4"
* Item 6 (Date of Rank) lists "14 Jul 67"
5. Letter Orders Number 09-1379697, from the Office of the Adjutant General, USAR Components Personnel and Administration Center, dated 20 September 1972, show the applicant was discharged effective 16 October 1972, in the rank of "SP4."
6. He subsequently served in the Army National Guard from 3 May 1984 through 2 May 1988.
7. The available records do not include any pay records or leave and earnings statements.
8. Title 31, U.S. Code, section 3702 provides a 6-year statute of limitations on claims against the Government.
9. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not provided and the record does not contain any evidence that shows he was not properly paid.
2. Without clear evidence of his being incorrectly paid an exception to the 6-year barring statue under Title 31, U.S. Code, section 3702 would not be warranted.
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) AR20130003012
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ABCMR Record of Proceedings (cont) AR20130003012
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