IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130013834
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her rank as a Specialist Four (SP4).
2. The applicant states, in effect, that her DD Form 214 shows her rank as a PV1; however, she was a SP4 when she was discharged from the U.S. Army Reserve (USAR).
3. The applicant provides a copy of her DD Form 214 and her Military Identification Card.
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 USAR on 18 March 1983 for a period of 6 years. She was ordered to active duty training (ADT) on 1 July 1983.
3. She successfully completed her training as a telecommunications center operator at Fort Gordon, Georgia and was honorably released from ADT in the rank of PV1 on 7 December 1983. She had served 5 months and 7 days of active service and was returned to her USAR unit in California.
4. The applicant was promoted to the rank of SP4 on 1 February 1985 and on 17 March 1989 she was honorably discharged from the USAR in the rank of SP4.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is in effect during the period covered by the DD Form 214. Events that occur subsequent to the period covered by the DD Form 214 are not authorized for retroactive entry on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 should be corrected to reflect her rank as SP4 has been noted.
2. The applicants DD Form 214 properly reflects her rank as PV1, which is the rank she held during the period covered by the DD Form 214.
3. Accordingly, a change in her rank is not authorized under the regulations governing the preparation of the DD Form 214 and there is no basis to grant her request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ __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) AR20130013834
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ABCMR Record of Proceedings (cont) AR20130013834
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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