IN THE CASE OF:	  

		BOARD DATE:	  7 October 2014

		DOCKET NUMBER:  AR20140001748 


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) to show his correct date of birth (DOB) and rank/grade.

2.  The applicant states his DOB is XX March 1967, not XX January 1978.
He also states that he was promoted to the rank of private first class (PFC)/pay grade E-3, but his DD Form 214 shows private (PV2)/pay grade E-2.

3.  The applicant provides copies of his Selective Service System letter and Arizona Driver License.

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.  A DD Form 4-Series (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 17 July 1997 and that he then further enlisted in the Regular Army on 
30 September 1997.  Item 6 (DOB) shows his DOB as "XX March 1967."

3.  A DA Form 4187 (Personnel Action), prepared by the applicant on 20 April 1998, shows he applied for early separation based on family hardship.  It also shows, in pertinent part, in item 5 (Grade or Rank) the entry "PV2" and that the applicant placed his signature on the form.

4.  Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, Orders 111-0043, dated 21 April 1998, reassigned the applicant to the U.S. Army Transition Center for separation processing on 29 April 1998.  The standard name line of the orders shows the applicant's rank as "PV2."

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 29 April 1998 based on hardship and transferred to the USAR Control Group (Annual Training) to complete his reserve obligation.  It also shows in –

* item 4a (Grade, Rate, or Rank):  "PV2"
* item 4b (Pay Grade):  "E2"
* item 5 (DOB):  "197801XX" (i.e.,  XX January 1978)

6.  In support of his application, the applicant provides copies of:

   a.  a Selective Service System, Palatine, IL, letter, dated 22 December 1993, concerning the applicant's registration status that shows, in pertinent part, his DOB as "03-XX-67" (i.e., March XX, 1967), and

   b.  Arizona Driver License that shows the applicant's DOB as "03/XX/1967."

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.
   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  The instructions show for –

* items 4a and 4b, enter the active duty grade of rank and pay grade at time of separation
* item 5, enter date using six–digit number in this item; year, month, and day written in that sequence without spaces or slashes (e.g., 420106 for 6 January 1942)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct DOB and rank/grade.

2.  The evidence of record shows the applicant's DOB is XX March 1967 and that his DOB is correctly recorded in his military service records.  It appears the applicant's DOB was incorrectly recorded on his DD Form 214 due to an administrative error.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct DOB.

3.  The evidence of record shows the applicant submitted a request for early separation on 20 April 1998 and indicated that his rank was PV2 (E-2).  His request was approved, separation orders were published on 21 April 1998, and he was released from active duty on 29 April 1998.  His request for separation, orders, and DD Form 214 show his rank/grade as PV2/E-2.  There is no evidence of record that shows he was promoted to PFC (E-3).  Therefore, there is insufficient evidence to correct the rank/grade shown on the applicant's 
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 deleting from item 5 of his DD Form 214 the current entry and replacing it with the entry as shown in item 6 of his DD Form 4.

2.  The Board further determined that 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 his rank and pay grade.  




      ____________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)                                         AR20140001748



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ABCMR Record of Proceedings (cont)                                         AR20140001748



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