IN THE CASE OF
BOARD DATE: 2 Ju1y 2014
DOCKET NUMBER: AR20130019426
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank and pay grade as specialist (E-4).
2. The applicant states, in effect, that his DD Form 214 shows his rank as a private first class (PFC) E-3 and his discharge certificate reflects the rank of specialist (E-4).
3. The applicant provides copies of his DD Form 214 and Honorable Discharge Certificate.
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 Regular Army on 28 August 2002 for a period of 6 years, training as an infantryman and a $17,000 enlistment bonus. He completed his one-station unit training at Fort Benning, Georgia and was assigned to Fort Drum, New York.
3. He was advanced to the pay grade of E-3 on 1 August 2003 and deployed to Iraq during the period 20030905 20040220.
4. On 12 March 2004, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 6-3a, due to dependency. He had served 1 year, 6 months and 15 days of active service and his DD Form 214 issued at the time of his discharge shows he was discharged in the pay grade of E-3. However, his Honorable Discharge Certificate reflects that he was discharged in the rank of specialist (E-4).
5. A review of the applicants official records failed to show any promotion instrument advancing him to the pay grade of E-4.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show that he was discharged in the pay grade of E-4 has been noted.
2. The evidence of record, such as the promotion instrument or pay records, fails to show that he was advanced to the pay grade of E-4 prior to his discharge.
3. Therefore, in the absence of such evidence, there appears to be no basis to grant his 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 during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his 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) AR20130019426
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ABCMR Record of Proceedings (cont) AR20130019426
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