IN THE CASE OF:
BOARD DATE: 12 November 2013
DOCKET NUMBER: AR20130005523
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 as specialist (SPC)/E-4.
2. She states that the rank shown of her DD Form 214 is not correct. She was promoted to SPC just prior to her discharge. She has several documents, such as leave and earnings statements, indicating her rank as SPC.
3. The applicant provides copies of her:
* January 1989 Leave and Earnings Statement
* Army Good Conduct Medal orders, dated 31 August 1989
* 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 15 October 1986. She completed training and was awarded military occupational specialty (MOS)
77F (Petroleum Specialist).
3. Her DA Form 2-1 (Personnel Qualification Record Part II) shows in item
18 (Appointments and Reductions) that the highest grade she attained was private first class (PFC)/E-3 with a date of rank of 1 August 1987.
4. Her DD Form 214 shows she was honorably released from active duty (REFRAD) effective 14 November 1989. She had completed 3 years and 30 days of active duty service. Item 4a (Grade, Rate or Rank) shows PFC and item 4b (Pay Grade) shows E-3. Item 12h (Effective Date of Pay Grade) shows 1 August 1987. She was not available to sign the DD Form 214.
5. She provides her January 1989 LES showing she was paid as an E-4, and Permanent Orders 132-12, 55th Personnel Service Company, dated 31 August 1989, showing her rank as SPC.
6. Her records contain the following orders showing her rank as "SPC":
a. Orders 168-123, 55th Personnel Service Company, dated 5 July 1989, directing her REFRAD; and
b. Orders 270-32, 55th Personnel Service Company, dated 20 October 1989, showing she was awarded the secondary MOS (SMOS) of 76C, effective
3 October 1989.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 4a, enter the rank in which serving at the time of separation; for item 4b, enter the pay grade in which serving at the time of separation; and for item 12h enter the effective of pay grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her DD Form 214 should be corrected to show her rank as SPC/E-4.
2. The applicant's rank is shown as SPC on her reassignment orders, Army Good Conduct Medal orders, and the orders awarding her an SMOS.
3. Her DD Form 214 should be corrected to show her rank as SPC.
4. However, as her promotion orders are not available her effective date of pay grade is not known.
5. In view of the above her request should be granted as shown below.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 by:
* deleting the entry in item 4a and adding "SPC"
* deleting the entry in item 4b and adding "E-4"
* deleting the entry in item 12h and adding Unknown
_______ _ 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) AR20130005523
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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