IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130004929
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was released from active duty (REFRAD) in the pay grade of E-4.
2. The applicant states his rank should have been restored to the pay grade of E-4 because of a 6-month separation date.
3. The applicant provides a copy of his DD Form 214.
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 23 November 1982 for a period of 3 years and training as a petroleum storage specialist. He completed his basic training at Fort Knox, Kentucky, his advanced individual training at Fort Lee, Virginia, and his airborne training at Fort Benning, Georgia before being transferred to Fort Bragg, North Carolina for his first and only assignment.
3. He deployed to Grenada during the period 19831027 19831119 and was advanced to the pay grade of E-4 on 1 July 1984.
4. On 19 January 1985, the applicant was barred from reenlistment. On
22 January 1985, nonjudicial punishment was imposed against him that resulted in him being reduced to the pay grade of E-2. The bar to reenlistment remained in effect until 25 July 1985, which placed the applicant in a non-promotable status until that date.
5. On 22 November 1985, he was honorably REFRAD in the pay grade of E-2 due to the expiration of his term of service (ETS). He had served 3 years of total active service.
6. A review of his official records failed to show any indication of the applicant being recommended for or promoted to the pay grades of E-3 or E-4 after his reduction.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should reflect that he was REFRAD in the pay grade of E-4 has been noted and appears to lack merit.
2. The applicant was barred from reenlistment prior to being reduced in grade and remained in a non-promotable status until the bar was removed, which was 4 months prior to his REFRAD.
3. There is no evidence to show that he was subsequently recommended for advancement to the pay grades of E-3 or E-4 prior to his REFRAD. Therefore, there appears to be no basis to grant his request to correct his DD Form 214 to show he was REFRAD in the pay grade of E-4.
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) AR20130004929
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