IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008282
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his grade as chief warrant officer three (CW3) instead of CW2.
2. The applicant states he was a CW3 in 1979, as shown on his DA Form 67-7 (U.S. Army Officer Evaluation Report) for the period 24 August 1978 to 18 July 1979. He was a CW3 when he served in the Pennsylvania Army National Guard (PAARNG). He wants his service record to be accurate and be recognized as a CW3.
3. The applicant provides a DA Form 67-7 for the period 24 August 1978 to
18 July 1979.
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. He previously served 11 months and 8 days in an enlisted status in the Regular Army. On 2 June 1969, he was appointed a Reserve warrant officer one (WO1) and entered active duty.
3. On 2 June 1970, he was promoted to CW2 with a date of rank (DOR) of
2 June 1970.
4. On 1 April 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 with an effective date of 1 April 1971 shows his grade as CW2 with a DOR of 2 June 1970.
5. No DD Forms 214 issued after 1 April 1971 were found in his Military Personnel Records Jacket (MPRJ).
6. On 5 May 1978, he was appointed a CW2 in the PAARNG. On 21 September 1978, he was promoted to CW3 with a DOR of 21 September 1978.
7. On 18 July 1979, he was discharged from the PAARNG and transferred to the USAR Control Group (Reinforcement). His National Guard Bureau (NGB)
Form 22 (Report of Separation and Record of Service) shows his grade as CW3 with a DOR of 21 September 1978.
8. Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO Orders Number D-06-903601, dated
29 June 1982, discharged him from the USAR. The orders identify him as a CW3.
9. He provided a DA Form 67-7 for the period from 24 August 1978 to 18 July 1979. This form shows his grade as CW3 with a DOR of 21 September 1978.
10. Army Regulation 635-5 at the time prescribed the 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 Soldiers most recent period of continuous active duty. 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. His DD Form 214 with an effective date of 1 April 1971 is the latest
DD Form 214 found in his MPRJ. He did not provide a DD Form 214 with his application. Therefore, it is determined his DD Form 214 with an effective date of
1 April 1971 is the document on which he is requesting his grade be changed.
2. He was promoted to CW3 on 21 September 1978, over 7 years after he was released from active duty. On the date of his release from active duty his grade was CW2.
3. His NGB Form 22 with an effective date of 18 July 1979, DA Form 67-7, and his orders for discharge, dated 29 June 1982, identify him as a CW3. Documents completed subsequent to his promotion to CW3 identify him as a CW3. However, the grade shown on his DD Form 214 with an effective date of 1 April 1971 is correct.
4. In view of the above, there is no basis on which to change the grade on his
DD Form 214 with an effective date of 1 April 1971.
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) AR20140008282
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ABCMR Record of Proceedings (cont) AR20140008282
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