IN THE CASE OF:	  

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130013742 


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/grade as private (PV2)/E-2 vice private (PV1)/E-1.  She also requests any back pay to which she may be entitled as a result of this error.

2.  The applicant states her rank/grade was PV2/E-2 when she was released from active duty.  She had been receiving E-2 pay since on or around December 2008.

3.  The applicant provides her 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 U.S. Army Reserve (USAR) on 21 March 2008.  Raleigh Military Entrance Processing Station, Raleigh, NC, Orders 8081002, dated 21 March 2008, ordered her to initial active duty for training (IADT) for basic combat training (BCT) and advanced individual training with a reporting date of 14 May 2008.

3.  Her records contain a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 24 July 2008, which shows she was diagnosed and treated for bilateral stress fractures in her feet and joint pain localized in the left knee.  This form shows she was injured on or about 24 July 2008 while participating in the Fit to Win Course, physical fitness, and company road marches during BCT at Fort Jackson, SC.  Her grade was recorded as E-1.

4.  Her records contain a line-of-duty investigation, dated 11 September 2008, which shows her injuries were determined to have been in the line of duty.

5.  He records contain a memorandum for record from Captain (CPT) M____ F. E____, a physical therapist at the Moncrief Army Community Hospital, dated 21 January 2009.

	a.  CPT M____ F. E____ stated the applicant was initially referred to the Physical Training and Rehabilitative Program (PTRP) on 11 December 2008 with a diagnosis of third metatarsal stress fracture and right shoulder pain.  The third metatarsal injury was the result of stress-related changes of normal bone while undergoing BCT at Fort Jackson, SC.  The right shoulder pain was due to overuse and multi-directional instability of the glenohumeral joint.

	b.  The applicant was currently receiving rehabilitation in the Physical Therapy Clinic at the PTRP for multi-directional instability of her right shoulder.  She was given a treatment plan that was intended to decrease her pain, increase the strength of her shoulder muscles, and eventually allow her to return to her prior level of function without limitations.  She was motivated to continue with her training; however, her healing progression would be slower in the training environment.

	c.  Due to anticipated extended healing time and the extent of her shoulder instability, CPT M____ F. E____ recommended the applicant's release from active duty.  CPT M____ F. E____ stated this would allow her to recover at home in an environment which would be less physically demanding.  He further stated that with adequate reconditioning, she would be able to fully recover and return to BCT within a 6-month time frame.

6.  Her records contain a memorandum, dated 6 February 2009, subject:  Reserve Component Student Disposition, showing her rank as PV2.  This memorandum shows the applicant required an immediate release from active duty due to stress-related changes in normal shoulder pain, right shoulder pain due to overuse, and multi-directional instability of the glenohumeral joint.

7.  Her records contain a memorandum from Headquarters, U.S. Army Reserve Command, dated 11 February 2009, subject:  Release from Active Duty – Medical (PV2 (Applicant), informing her Reserve unit that she was being released from active duty due to a medical condition with the authorization to reschedule IADT.

8.  She was honorably released from IADT on 18 February 2009.  Her DD Form 214 shows in:

* item 4a (Grade, Rate, or Rank) – PV1
* item 4b (Pay Grade) – E-1
* item 12f (Effective Date of Pay Grade) –21 March 2008

9.  Headquarters, Civil Affairs and Psychological Operations Command, Fort Bragg, NC, Orders 09-068-00025, dated 9 March 2009, discharged her from the USAR effective 9 March 2009.  Her rank was recorded as PV2.

10.  The U.S. Army Human Resources Command Interactive Web System Total Army Personnel Data Base-Reserve shows her rank/grade as PVT/E-2 and her date of rank (DOR) as 23 November 2008.

11.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 2-3, states promotions to PV2 will be made automatically by the Total Army Personnel Data Base for posting to the automated personnel file and the Master Military Pay File.  Eligibility criteria for automatic promotion to PV2 require 6 months of time in service.

DISCUSSION AND CONCLUSIONS:

1.  Promotions to PV2 are automatic.  The applicant met the regulatory criteria for promotion to PV2 and the Total Army Personnel Data Base-Reserve shows she was promoted to PV2/E-2 with a DOR of 23 November 2008.  As such, she is entitled to correction of her DD Form 214 to show her proper rank, grade, and DOR.

2.  She should receive any back pay and allowances due as a result of this records correction.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  amending her DD Form 214 as follows:

* item 4a – deleting the entry "PV1" and replacing it with the entry "PV2"
* item 4b – deleting the entry "E01" and replacing it with the entry "E02"
* item 12f – deleting the entry "2008  03   21" and replacing it with the entry "2008  11  23"

	b.  paying her any back pay and allowances due as a result of this records correction.



      ___________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)                                         AR20130013742



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013742



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1