BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140004619
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 grade/rank as corporal (CPL)/E-4 instead of private first class (PFC)/E-3.
2. The applicant states:
* he was transferred between Germany and Washington, DC at the time of his separation, due to a service-connected disability
* he assumed the rank/grade listed on his DD Form 214 was in error and the Army would fix it
* he was informed he would be separated in the rank/grade of CPL/E-4 and this did not happen
3. The applicant provides a copy of his DD Form 214.
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 26 July 1988 in the rank/grade of private (PVT)/E-1. He completed training and was awarded military occupational specialty (MOS) 95B (Military Police).
3. On 5 December 1988, while assigned to Fort McClellan, AL, he twisted his right ankle by stepping on a rock while running during a diagnostic physical fitness test.
4. On 28 December 1988, he was assigned to the 61st Military Police Company, Hanau, Germany.
5. On 26 January 1989, he was advanced to the rank/grade of PVT/E-2.
6. On 1 March 1989, he was advanced to the rank/grade of PFC/E-3.
7. On 21 February 1990, he was reassigned to the Medical Hold Company, Walter Reed Army Medical Center (WRAMC), Washington, DC.
8. A DA Form 4187 (Personnel Action), dated 1 September 1990, shows he was advanced to the rank/grade of specialist (SPC)/E-4 on the same date, and his advancement was approved by the Commanding Officer, WRAMC.
9. A DA Form 3349 (Physical Profile), dated 4 September 1990, shows he was undergoing a medical review board. This form shows his rank as PFC.
10. His DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 7 September 1990, shows his highest rank as PFC.
11. On 31 October 1990, he was reassigned to the U.S. Army Transition Point, WRAMC, Washington, DC, in the rank/grade of PFC/E-3.
12. On 31 October 1990, he was retired due to a temporary physical disability. His DD Form 214 shows in:
* item 4a (Grade, Rate, or Rank) Private First Class
* item 4b (Pay Grade) E3
13. On 1 November 1990, he was placed on the Temporary Disability Retired List (TDRL) in the rank/grade of PFC/E-3 with a 30-percent disability rating.
14. A TDRL DA Form 199, dated 27 March 1992, shows his rank as CPL.
15. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated advancements to E-4 and below and grade restorations would be announced by DA Form 4187. The date of advancement would not be earlier than the date of the commander's signature and the date of rank and effective date would be the same date.
16. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214 and stated that items 4a and 4b would show the active duty grade or rank and pay grade at time of separation and the information would be obtained from the Soldier's records (promotion or reduction orders).
DISCUSSION AND CONCLUSIONS:
Although he contends he was advanced to the rank/grade of CPL/E-4 and notwithstanding the entry on his DA Form 199, dated 27 March 1992, the evidence of record shows he was advanced to the rank/grade of SPC/E-4 on 1 September 1990. Therefore, he is entitled to correction of his DD Form 214 to show his rank/grade as SPC/E-4.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X______ __X______ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 showing his rank/grade as SPC/E-4 on his DD Form 214.
2. The Board further determined 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 amending his DD Form 214 to show his rank/grade as CPL/E-4.
____________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) AR20140004619
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ABCMR Record of Proceedings (cont) AR20140004619
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