IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006447
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 rank/pay grade as private two (PV2)/E-2.
2. The applicant states, in effect, his record is incorrect due to administrative reasons.
3. The applicant provides 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 3Â 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 28 April 1981.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in Section 18 (Appointments and Reductions) his rank, pay grade, and date of rank history as:
* PV1/E-1 - 4 May 1981
* PV2/E-2 - 1 April 1982
* private first class/E-3 - 5 May 1982
* PV2/E-2 - 6 July 1983
* PV1/E-1 - 29 August 1983
4. His official record contains a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), dated 29 August 1983, which shows he was reduced from the rank/pay grade of PV2/E-2 to PV1/E-1 for breaking
24 hours of quarters by leaving his room.
5. On 4 May 1984, the applicant was honorably released from active duty. His DD Form 214 shows in:
* item 4a (Grade, Rate, or Rank) PV1
* item 4b (Pay Grade) E1
* item 12h (Effective Date of Pay Grade) 29 August 1983
6. His record is void of evidence showing he was advanced to PV2/E-2 following his last reduction.
7. Army Regulation 635-5 (Separation Documents) at the time provided that separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he held the rank/pay grade PVT/E-1 with a date of rank of 29 August 1983 on his effective date of separation from the Army. The applicant's record does not show he was advanced back to the rank/pay grade of PV2/E-2 prior to separation from active duty on 4 May 1984. In the absence of evidence to the contrary, it is concluded that the applicant's DD Form 214 for the period ending 4 May 1984 is correct.
2. In view of the foregoing, there is no basis to grant the applicant's requested relief.
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) AR20140006447
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ABCMR Record of Proceedings (cont) AR20140006447
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