IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20130022322
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, in effect, correction of her records to show she was separated from the Georgia Army National Guard (GAARNG) in July 1993 in a higher grade than private first class (PFC)/E-3.
2. The applicant states she requests an increase in her rank due to completion of the Licensed Practical Nurse (LPN) course and actual licensing. She made the mistake in believing that her rank would be increased automatically upon completion of the licensure after her course. She has been severely ill over the years with multiple surgeries plus a coma. She would like for her rank to reflect the fact that she did achieve her LPN license. She realizes that she will have to to go to school again to get reinstated but it would mean a lot to have that achievement to look back on.
3. The applicant provides her 1992 license verification and her 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 19 July 1984. She also extended her USAR enlistment by 1 year on 17 December 1987.
3. She entered active duty for training (ADT) on 8 January 1985 and completed training requirements for military occupational specialty (MOS) 71G (Patient Administration Specialist). She was honorably released from ADT on 30 August 1985.
4. Her DA Form 2-1 (Personnel Qualification Record) shows she was promoted to PFC/E-3 in the USAR on 10 January 1985.
5. On 16 June 1986, Headquarters, 382nd Field Hospital, Augusta, GA published Orders 3-4 promoting her to specialist four (SP4)/E-4 effective 16 June 1986.
6. On 15 February 1990, she enlisted in the GAARNG in the rank/grade of specialist (SPC)/E-4.
7. She entered ADT on 8 January 1991. She completed the 52-week Practical Nurse Course from March 1991 to February 1992 and she was awarded MOS 91C (Practical Nurse). She was honorably released from active duty on 21 February 1992.
8. Between April 1992 and January 1993, she was absent from training on multiple occasions. She accrued over 16 unexcused absences. Her chain of command declared her an unsatisfactory participant.
9. On 26 February 1993, GAARNG published Orders 5-4 reducing her from SPC/E-4 to PFC/E-3 by reason of inefficiency (without prejudice) in accordance with National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 6-43.
10. In March 1993, her chain of command initiated action to separate her from the ARNG by reason of being an unsatisfactory participant.
11. She was discharged from the ARNG on 1 July 1993 in accordance with paragraph 8-27g of NGR 600-200 and she was transferred to the USAR Control Group (Reinforcement).
12. Her National Guard Bureau (NGB) Form 22 (Record of Service and Report of Separation) shows she was discharged from the ARNG on 1 July 1993 with an under honorable conditions (general) discharge. This form also shows in:
* Items 5a (Rank) and 5b (Pay Grade) - PFC and E-3
* Item 6 (Date of Rank) - 85-01-10 (10 January 1985)
13. She provides a license verification printout that shows she was licensed as an LPN on 22 May 1992 and her license expire don 31 December 1992.
14. National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the ARNG enlisted Soldiers in various functional areas. It also provides guidance for completion of the NGB Form 22. The NGB Form 22 is a document that records a member's service in the ARNG.
* Items 5a and 5b show the rank/grade as recorded on the DA Form 2-1 (Enlisted Qualification Record) at the time of separation
* Item 6 shows the date of rank of the rank held at separation
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the ARNG on 15 February 1990 in the rank/grade of SPC/E-4. She successfully completed the Practical Nurse Course from March 1991 to February 1992.
2. Following completion of this course, she failed to report for monthly drills and/or annual training. After having accumulated over 16 unexcused absences, her chain of command declared her an unsatisfactory participant and reduced her to PFC/E-3 for inefficiency.
3. She held the rank/grade of PFC/E-3 at the time of her discharge from the ARNG in July 1993. There is no evidence she held a higher grade. As such, her NGB Form 22 correctly shows her rank/grade of PFC/E-3 and there is no reason to change that.
4. Her subsequent illness and/or surgeries have no bearing on her reduction in 1993 for inefficiency. Additionally, she is no longer a member of the ARNG or the USAR. She has not had a military status since 1993. As such, there is no provision to promote her or advance her in grade as a civilian.
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) AR20130022322
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ABCMR Record of Proceedings (cont) AR20130022322
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