BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130015896
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:
a. correction of item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 February 1992 to show his rank/pay grade as private first class (PFC)/E-3 and
b. correction of his DD Form 1966 (Record of Military Processing Armed Forces of the United States) to show he graduated from the TESST Electronic School.
2. The applicant states:
* his discharge rank should have been PFC/E-3
* item 23 (Education) of his DD Form 1966 is incorrect because he graduated from the TESST Electronics School
3. The applicant provides:
* diploma from the TESST Electronics School
* DD Form 1966
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 provided a diploma from the TESST Electronics School, dated 13 October 1989, showing he completed the Field Service and Computer Technology Program.
3. Item 23 of the applicant's DD Form 1966, dated 21 June 1991, shows he did not graduate from the TESST Electronics School in October 1989.
4. His records contain an undated DA Form 4187 (Personnel Action) showing a request for promotion pertaining to the applicant. Section IV (Remarks) states, "IAW AR 601-210 [in accordance with Army Regulation 601-210], Chapter 2, Table 2-3, Rule E, promote to the rank of PFC E-3 effective date 910626 [26 June 1991]." Section V (Certification Approval/Disapproval) of this form is blank.
5. His enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) in pay grade E-1 on 29 July 1991 for a period of 8 years. He was ordered to initial active duty for training on 22 August 1981. He was injured (dislocated his left knee) on 23 September 1991 during his fourth week of training while participating in hand-to-hand combat training.
6. On 14 February 1992, he was retired in the rank of private/E-1 due to temporary physical disability and placed on the Temporary Disability Retired List (TDRL) the following day. On 25 October 1994, he was removed from the TDRL in the rank of E-1 and discharged with severance pay.
7. There is no evidence of record showing he was appointed/advanced to pay grade E-3 prior to his retirement on 14 February 1992.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends his rank at discharge should have been PFC/E-3, there is no evidence which shows he was appointed to pay grade E-3 prior to his retirement on 14 February 1992. The undated DA Form 4187 which indicates he should have been promoted to E-3 effective 26 June 1991 is incomplete because there is no certification by an approval authority. In addition, he did not enlist in the USAR until 29 July 1991. Therefore, there is insufficient evidence on which to base amending item 4a and item 4b of his DD Form 214 for the period ending 14 February 1992.
2. The TESST Electronics School diploma is accepted as sufficient evidence on which to amend item 23 of the applicant's DD Form 1966, dated 21 June 1991, to show he graduated from this school in October 1989.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_X____ _X_______ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 23 of his DD Form 1966 to show he graduated from the TESST Electronics School in October 1989.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 4a and item 4b of his
DD Form 214 for the period ending 14 February 1992 to show his rank/pay grade as private first class (PFC)/E-3.
___________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) AR20130015896
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130015896
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090020155
The applicant states his rank at the time of his separation from active duty on 2 March 1992 was specialist (SPC)/pay grade E-4. The applicant contends that the rank of PFC (E-3) and RE Code of "RE-3C" shown on his DD Form 214 should be corrected because he held the rank of SPC (E-4) at the time of his voluntary separation under the 1990 Early Transition Program and he should not be penalized with the RE code that he was issued. There is no evidence that the applicant was reduced in rank...
ARMY | BCMR | CY2011 | 20110014152
The applicant requests her pay grade, military occupational specialty (MOS), dates of service, character of service, and item 15b (High School Graduate or Equivalent) of her DD Form 214 (Certificate of Release of Discharge from Active Duty) for the period ending 29 January 1992 be corrected. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 is a "snapshot in time" and is a reflection of the...
ARMY | BCMR | CY2009 | 20090017179
The applicant requests correction of items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 11 (Primary Specialty) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 July 1991. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Since the applicant was promoted to sergeant and awarded PMOS 91P2O after her release from active duty on 20 July 1991, there is no basis for...
ARMY | BCMR | CY2002 | 2002079497C070215
The applicant’ Military Personnel Records Jacket (MPRJ) contains a Request and Authority for Leave (DA Form 31), dated 25 June 1991. It provides the following specific instructions for the items in question: Item 4 (a & b), enter the active grade or rank and pay grade at the time of separation; Item 6 (Reserve Obligation Termination Date), enter “00 00 00” for soldiers discharged, dismissed, or dropped from the Army rolls or with and expired military service obligation; Item 11 (Primary...
ARMY | BCMR | CY2009 | 20090016348
IN THE CASE OF: BOARD DATE: 25 February 2010 DOCKET NUMBER: AR20090016348 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that item 4a (Grade, Rate or Rank), item 4b (Pay Grade), and item 12h (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 March 1992 be corrected. The applicant provides a copy of his DD Form 214 for the period ending 13 March 1992, a Certificate of Promotion,...
ARMY | BCMR | CY2014 | 20140011433
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 May 1990, to show in: * Item 4a (Grade, Rate, or Rank) - private first class (PFC) * Item 4b (Pay Grade) - E-3 * Items 12a-e (Record of Service) - Reserve Officers Training Corps (ROTC) service credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) - Expert Marksmanship Qualification Badge * Item 14 (Military...
ARMY | BCMR | CY2008 | 20080001193
He also requests that two awards of the Army Achievement Medal, the Good Conduct Medal, the Noncommissioned Officers Professional Development Ribbon, the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Pistol Bar be added to this DD Form 214. Since the applicant was promoted to E-4 in the USAR in MOS 64C on 29 April 1985, one year after his release from active duty, there is no basis for amending items 4a, 4b, and 11 on his DD Form 214 for the period...
ARMY | BCMR | CY2003 | 2003091117C070212
Item 14 on the applicant's DD Form 214 does show he completed the Driver Training Course in 1998. Therefore, item 14 on his DD Form 214 should be amended to show completion of this course. Therefore, item 14 on his DD Form 214 should be amended to show completion of this course.
ARMY | BCMR | CY2014 | 20140015368
As a new issue, he requests the issuance of a DD Form 214 for his Reserve Officers' Training Corps (ROTC) Advanced Camp service in 1988 and that this DD Form 214 show his pay grade as E-5. Regarding the correction of his DD Form 214 for the period ending 19 May 1991 to show his pay grade as E-5, the evidence of record, as well as that provided by the applicant, does not support the granting of this request. c. As further evidence he no longer held the pay grade of E-5 after disenrollment...
ARMY | BCMR | CY2014 | 20140011193
The applicant states he served in the rank and pay grade of SPC/ E-4 and he was awarded the AAM; however, they were not recorded on his DD Form 214 when he separated from active duty. In review, the applicants records do not have evidence of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal and his first term of enlisted service was honorable. Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period of 8...