IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130010851
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 grade of specialist four (SP4)/E-4 instead of private first class (PFC)/E-3.
2. The applicant states she was promoted to E-4.
3. The applicant provides:
* DD Form 214
* Reassignment Orders 106-08
* U.S. Army Reserve (USAR) discharge orders
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's records are not available for review with this case. An exhaustive search was undertaken to locate her complete military records which are necessary for the processing of her application. Unfortunately, they could not be found. The applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows the applicant enlisted in the USAR on 18 July 1980. She entered active duty for training (ADT) on 25 July 1980 and she completed the required training for military occupational specialty (MOS) 75B (Personnel Administration Specialist).
4. She was honorably released from ADT on 27 October 1980 to the control of her USAR unit. She completed 3 months and 3 days of active service. Her
DD Form 214 shows in:
* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - PFC and E-3
* Item 12h (Effective Date of Pay Grade) - 80-07-18
5. It appears subsequent to her release from ADT she served with a troop program unit of the USAR.
6. On 5 June 1981, Headquarters, IX Corps (Augmentation), Honolulu, HI, published Orders 106-08 releasing her from the 368th Military Police Company and transferring her to the USAR Control Group (Reinforcement). The orders listed her rank as SP4.
7. On 12 March 1986, the USAR Personnel Center published Orders
D-03-018723 honorably discharging her from the USAR effective 12 March 1986. These orders listed her rank as SP4.
8. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It states for Items 4a and 4b, enter the enlisted rank/grade at the time of the Soldier's separation and for Item 12h, enter the effective date of rank.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served on active duty during the period 25 July through 27 October 1980. During her active duty service she held the rank/grade of PFC/E-3. She did not hold the rank/grade of SP4/E-4.
2. She may have been promoted to SP4/E-4 in the USAR after her release from active duty which explains why the two orders she provided reflect her grade as SP4. However, her USAR promotion had no impact on her previously-issued
DD Form 214. The DD Form 214 is a synopsis of a Soldier's period of continuous active service.
3. There is insufficient evidence to support granting her the 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) AR20130010851
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ABCMR Record of Proceedings (cont) AR20130010851
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