IN THE CASE OF:	  

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003512 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank and pay grade as private first class (PFC)/E-3 instead of private (PV2)/E-2.  

2.  She states:

* she has letters of commendation and she graduated from advanced individual training (AIT)
* male Soldiers were almost all promoted to E-3 and she doesn't understand why she was passed over for promotion
* her DD Form 214 shows a fraudulent entry, but she never knew what this entry meant
* the Army never approached her about this to explain how she entered under fraudulent circumstances
* she feels her DD Form 214 should be corrected to show her grade as E-3

3.  She provides her DD Form 214, DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), and a Letter of Appreciation.

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 Regular Army on 31 May 1979 in pay grade E-2.  In block 30 (Relatives) of her DD Form 1966 (Application for Enlistment - Armed Forces of the United States) she did not list her dependent daughter.  She completed basic combat and advanced individual training and was awarded military occupational specialty 32D (Station Technical Controller).  

3.  Block 18 (Appointments and Reductions) of her DA Form 2-1 (Personnel Qualification Record - Part II) indicates her rank as PV2 with a date of rank of 31 May 1979. 

4.  On an unknown date, her unit commander notified her of pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, paragraph 14-5a(3) based on misconduct - fraudulent entry due to failure to identify her dependent daughter at time of enlistment.  She was advised of her rights.  Her service record is void of her election of her rights; however, she provided statements in her own behalf.

5.  She stated the recruiter didn't ask her if she had any children, but he asked her if she had any dependents.  She responded negatively because she didn't think her child was a dependent.  She wasn't trying to conceal the fact that she had a child, but her child was under the legal guardianship of her aunt and was not dependent on her for support.  Her counselor told her that she was ineligible for enlistment because of her daughter.  She was later told the Department of the Army had approved her enlistment.  She contends her entry was not fraudulent as defined In accordance with Army Regulation 635-200, paragraph 14-4.  

6.  Her chain of command recommended she be retained on active duty. 

7.  The separation authority directed that the applicant be discharged from the Army under the provisions of chapter 14, Army Regulation 635-200 by reason of misconduct - fraudulent entry with the issuance of an Honorable Discharge Certificate.  

8.  She provided a Letter of Appreciation, dated 30 September 1980, which commends her for her outstanding performance as a member of Charlie Shift, Technical Control Branch during the month of August 1980.

9.  On 29 October 1980, she was discharged under the provisions of chapter 14, Army Regulation 635-200 by reason of misconduct - fraudulent entry.  She completed 1 year, 4 months, and 28 days of active military service.  Her DD Form 214 shows the entry "PV2" and "E-2," respectively.

10.  Her service record is void of orders which indicate she was promoted to PFC/E-3 prior to her discharge on 29 October 1980.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7 (Promotion and Reduction), in effect at the time, governed the promotion of enlisted Soldiers for grades E-3 through E-9.  It stated that promotion of enlisted personnel in grades E-3 through E-9 would be announced in routine orders.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's statements regarding her promotion to E-3 are acknowledged; however, there is insufficient evidence to determine that an error or injustice exists in this case.

2.  She has failed to show through the evidence submitted and the evidence of record that she was promoted to the pay grade of E-3 prior to her discharge from active duty.

3.  In the absence of evidence showing she was promoted to pay grade E-3, it must be presumed that what the Army did at the time was correct and in accordance with applicable regulations in effect at the time.  

4.  Therefore, there is no basis for granting her 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)                                         AR20130003512





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ABCMR Record of Proceedings (cont)                                         AR20130003512



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