IN THE CASE OF
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130022302
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as sergeant (SGT)/E-5 vice specialist (SPC)/E-4.
2. The applicant states, in effect, an error was made at Fort Carson, CO, when they listed his rank as SPC instead of SGT.
3. The applicant provides a military identification (ID) 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 Regular Army on 15 February 1978 in the rank/grade of private/E-1.
3. He was advanced to private/E-2 on 15 August 1978; private first class/E-3 on 5 December 1978; and to SP4/E-4 on 21 September 1979.
4. He served though several reenlistments and/or extensions and was promoted to SGT/E-5 on 11 April 1987. He was assigned to the 124th Signal Battalion, Fort Carson, CO, on 14 March 1989.
5. On 13 March 1990, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for two specifications of failing to report to his appointed place of duty at the prescribed time.
6. The punishment imposed was reduction to SPC, forfeiture of $300, restriction for 45 day and extra duty for 45 days. He was reduced to SPC on 13 March 1990.
7. He was honorably discharged on 6 April 1990 by reason of expiration of term of service.
8. The DD Form 214 he was issued shows the following entries:
* item 4a (Grade, Rate or Rank) - SPC
* item4b (Pay Grade) - E-4
* item 12h (Effective Date of Pay Grade) - 13 March 1990
* item 21 (Signature of Member Being Separated) - Soldier refused to sign
9. The applicant provides a military ID card, issued 24 March 2009, wherein it shows his grade as E-5.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, contained guidance on the preparation of the DD Form 214 and stated that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders).
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was reduced from SGT to SPC on 13 March 1990. He held the rank/grade of SPC/E-4 at the time of his discharge from active duty on 6 April 1990 which is correctly shown on his DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty. Therefore, he is not entitled to 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) AR20130022302
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ABCMR Record of Proceedings (cont) AR20130022302
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