IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140006840
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 items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 November 2005.
2. The applicant states:
* he was honorably discharged as a specialist (SPC)/E-4, not private two(PV2)/E-2
* the record does not show the pay grade/rank he earned while serving his country
3. The applicant provides:
* three DA Forms 4187 (Personnel Action)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DD Form 214 for the period ending 28 November 2005
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 Army National Guard (ARNG) on 18 August 2003.
3. He provides the following DA Forms 4187 which show he was promoted to:
* PV2/E-2 effective 1 April 2004
* private first class/E-3 effective 1 June 2004
4. He was ordered to active duty on 7 June 2004 in support of Operation Iraqi Freedom.
5. He provides a DA Form 4187, dated 18 December 2004, which shows he was promoted to SPC effective 1 November 2004.
6. He served in Kuwait/Iraq from 28 November 2004 to 5 November 2005. On 28 November 2005, he was released from active duty. His DD Form 214 for the period ending 28 November 2005 shows in:
* Item 4a PV2
* Item 4b E02
* Item 12h 1 April 2004
7. On 17 August 2009, he was honorably discharged from the ARNG for expiration of active status commitment in the Selected Reserve. His NGB Form 22 shows his rank and pay grade as SPC/E-4.
DISCUSSION AND CONCLUSIONS:
The DA Form 4187, dated 18 December 2004, provided by the applicant which shows he was promoted to SPC/E-4 effective 1 November 2004 is accepted as sufficient evidence on which to base amending items 4a, 4b, and 12h of his
DD Form 214 for the period ending 28 November 2005.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. deleting the current entry in item 4a of his DD Form 214 for the period ending 28 November 2005 and replacing it with the entry "SPC;"
b. deleting the current entry in item 4b of this DD Form 214 and replacing it with the entry "E04;" and
c. deleting the current entry in item 12h of this DD Form 214 and replacing it with the entry "2004 11 01."
___________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) AR20140006840
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ABCMR Record of Proceedings (cont) AR20140006840
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