IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011933
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/grade as private first class (PFC)/E-3.
2. The applicant states his DD Form 214 does not show any promotions from the rank/grade of private (PV1)/E-1 through PFC/E-3.
3. The applicant provides no additional evidence in support of his request.
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 U.S. Army Reserve on 10 August 1984 in pay grade E-1.
3. He entered initial active duty for training (IADT) on 13 August 1984.
4. Orders Number 338-210, issued by the U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, Missouri on 3 December 1984, directed his release from IADT effective 6 December 1984. These orders show his rank/grade as private (PV1)/E-1.
5. His DD Form 214 shows he was released from IADT on 7 December 1984 in the rank/grade of PV1/E-1.
6. There is no evidence in his records that indicates he was promoted to the rank/grade of PV2/E-2 or PFC/E-3 prior to his release from active duty.
7. Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated 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:
Orders show he was released from IADT in the rank of PV1. There is no evidence in his military records and he provided no evidence that indicates he was promoted to PV2 or PFC during his period of IADT. In view of the foregoing, there is an insufficient evidentiary basis for granting 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) AR20140011933
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ABCMR Record of Proceedings (cont) AR20140011933
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