BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130008297
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, in effect, her pay grade be corrected to show E-4 on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 January 1980.
2. The applicant states:
* her pay grade is E-4
* she acquired a nursing degree in 1984
* her paperwork/request was not processed
* her request for military benefits and claims is pending
* she has a pending request for graduate school
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 enlisted in the U.S. Army Reserve (USAR) on 29 August 1977. She was ordered to active duty for training on 1 June 1979 and she was released from active duty (REFRAD) on 26 January 1980.
3. Her DD Form 214 for the period ending 26 January 1980 shows in:
* item 4a (Grade, Rate or Rank) "PFC" (private first class)
* item 4b (Pay Grade) E-3
* item 12h (Effective Date of Pay Grade) "79 06 01" (1 June 1979)
4. Item 17 (Civilian Education and Military Schools) of her DA Form 2-1 (Personnel Qualification Record Part II) shows she had attended college, but did not have a degree.
5. Item 18 (Appointments and Reductions) of her DA Form 2-1 shows she was:
* appointed to PFC in the USAR with a date of rank of 1 June 1979
* appointed to specialist four (SPC)/E-4 in the USAR effective 3 May 1980
6. On 23 July 1985, she was honorably discharged from the USAR in pay grade E-4.
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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of her REFRAD. Since she was appointed to pay grade E-4 in the USAR after her REFRAD, there is no basis for amending her pay grade on her DD Form 214 for the period ending 26 January 1980.
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) AR20130008297
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