IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140000353
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 items 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 September 1992.
2. The applicant states this DD Form 214 does not accurately reflect her rank or pay grade at the time of her discharge.
3. The applicant provides a copy of her promotion orders.
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. Having prior service in the U.S. Army Reserve (USAR) and Regular Army, the applicant enlisted in the USAR in the rank of sergeant (SGT) on 22 September 1989 for a period of 4 years.
3. Item 18 (Appointments and Reductions) of her DA Form 2-1 (Personnel Qualification Record Part II) shows she was appointed to:
* SGT in the USAR effective 22 September 1989
* staff sergeant (SSG) in the USAR effective 17 April 1992
4. Headquarters, 88th U.S. Army Reserve Command, Orders 079-14, dated 17 April 1992, promoted her to SSG/E-6 effective 17 April 1992. These orders state the applicant is obligated to serve in the duty within the unit identified for a period of 12 months. Soldiers not fulfilling their obligation will have their promotions revoked.
5. She was ordered to active duty for training on 24 April 1992. On 9 September 1992, she was honorably released from active duty.
6. Her DD Form 214 for the period ending 9 September 1992 shows in:
* item 4a entry "SGT"
* item 4b "E5"
* item 12h "89 09 22 [22 September 1989]"
7. On 14 October 1993, she was honorably discharged from the USAR in the rank of SSG.
DISCUSSION AND CONCLUSIONS:
The promotion orders showing the applicant was promoted to SSG/E-6 effective 17 April 1992 are accepted as sufficient evidence with which to amend items 4a, 4b, and 12h of her DD Form 214 for the period ending 9 September 1992.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 for the period ending 9 September 1992 as follows:
a. deleting the current entry in item 4a of and replacing it with the entry "SSG";
b. deleting the current entry in item 4b and replacing it with the entry "E6"; and
c. deleting the current entry in item 12h and replacing it with the entry "92 04 17."
____________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.
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