BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140005469 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was promoted to sergeant (SGT)/pay grade E-5 and all back pay due as a result of the correction.

2.  The applicant states that he served in the Regular Army (RA) on active duty from 3 March 1983 to 21 March 1986 and then in the U.S. Army Reserve (USAR) from 22 March 1986 to 2 March 1989.

   a.  He was promoted from pay grade E-4 to pay grade E-5 on 23 April 1987.

   b.  During his service in the USAR he received pay and allowances based on pay grade E-4 instead of pay grade E-5.

3.  The applicant provides a copy of his DD Form 214 and E-5 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.  The applicant enlisted in the USAR on 9 February 1983 for a period of
6 years.  He further enlisted in the RA on 3 March 1983 for a period of 3 years.  He was awarded military occupational specialty 55B (Ammunition Specialist).

3.  A DA Form 4187 (Personnel Action), dated 13 August 1985, shows the applicant was advanced to Specialist Four (SP4)/pay grade E-4, effective
13 August 1985 with a date of rank (DOR) of 1 March 1985.

4.  His DA Form 2-1 (Personnel Qualification Record) shows, in pertinent part, in item 18 (Appointments and Reductions):  Grade – SP4, DOR – 1 March 1985.

5.  The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 21 February 1986 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 2 years, 11 months, and 19 days of net active service.  It also shows in –

* item 4a (Grade, Rate or Rank):  SP4
* item 4b (Pay Grade):  E4
* item 12 (Record of Service), block h (Effective Date of Pay Grade):
85  08  13  (13 August 1985)

6.  USAR Personnel Center, St. Louis, MO, Orders B-04-003695, dated 23 April 1987, promoted the applicant from SP4 (E-4) to SGT (E-5) effective and with a DOR of 23 April 1987.

7.  USAR Personnel Center, St. Louis, MO, Orders D-03-020844, dated 1 March 1989, honorably discharged the applicant from the USAR (Ready Reserve), in the rank of SGT (E-5), effective 2 March 1989.  (The orders show his discharge certificate and the orders were mailed to his last known address on 7 April 1989.)

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

   a.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  
	
   b.  Chapter 2 contains guidance on the preparation of the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  The instructions show for:

    	(1)  item 4a and item 4b, enter the active duty grade of rank and pay grade at time of separation, and

    	(2)  item 12, block h, enter the effective date of promotion to pay grade.

9.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was promoted to SGT (E-5), effective 23 April 1987, and all back pay due through the date of his discharge on 2 March 1989.

2.  Records show the applicant served on active duty in the RA from 3 March 1983 through 21 February 1986.

   a.  The evidence of record shows he was promoted to SP4 (E-4) effective 
13 August 1985.  Items 4a, 4b, and 12h of his 21 February 1986 DD Form 214 show this information as his rank, grade, and the effective date.

   b.  The Army regulation governing preparation of the DD Form 214 states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation and that
it is important the information entered thereon is complete and accurate as of that date (emphasis added).

   c.  Thus, the evidence of record shows the applicant's DD Form 214 shows his correct rank, grade, and effective date as of the date he was REFRAD.

3.  Records show the applicant served in the USAR from 22 February 1986 through 2 March 1989.
   a.  The evidence of record shows he was promoted to SGT effective and with a DOR of 23 April 1987.  The orders that discharged him from the USAR, on 
2 March 1989, show he held the rank of SGT (E-5) at the time of his discharge.

   b.  Thus, there is no basis for correcting his discharge orders.

4.  There is no evidence of record, and the applicant fails to provide evidence, that shows he was not properly paid during the period of service under review.

5.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.  The applicant fails to provide such evidence.  As a result, the applicant's military records with respect to his pay and allowances are presumed to be correct.

6.  Therefore, in view of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request.

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)                                         AR20140005469



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005469



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1