BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013147
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 he held the rank of specialist (SPC)/pay grade E-4 when he was released from active duty (REFRAD).
2. The applicant states that he held the rank of SPC (E-4) and was assigned to the 228th Infantry Regiment, Graffinvear (properly spelled Grafenwoehr), Germany when he was REFRAD on 21 August 2010.
3. The applicant provides a copy of 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 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 Regular Army on 2 May 2007 for a period of
3 years and 16 weeks.
3. Host Nation Liaison Field Operating Activity, Vilseck Transition Center, Unit 28038, Orders 097-0008, dated 7 April 2010, as amended by Orders 183-0003, dated 2 July 2010, released the applicant from active duty effective 21 August 2010. The Standard Name Line shows the applicant's rank as "PFC" (Private First Class/Pay Grade E-3).
4. His DD Form 214 shows he was honorably REFRAD on 21 August 2010 based on completion of required active service and transferred to Company B, 2nd Battalion, 124th Infantry, Florida Army National Guard (FLARNG). He had completed 3 years, 3 months, and 20 days of net active service this period. It also shows in
* item 4a (Grade, Rate or Rank): "PFC"
* item 4b (Pay Grade): "E03"
* item 12 (Record of Service), block i (Effective Date of Pay Grade):
"2010 03 24" (24 March 2010)
5. Following the applicant's REFRAD, he enlisted in the Army National Guard of the United States and FLARNG. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the grade of E-3 for a period of 4 years, 4 months, and 18 days.
6. The Defense Finance and Accounting Service confirmed the applicant's active duty pay grades as follows:
Grade Period (From Through)
E-3 2 May 2007 31 December 2008
E-4 1 January 2009 23 March 2010
E-3 24 March 2010 21 August 2010
7. 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 i, enter the effective date of promotion to pay grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he was REFRAD in the rank of SPC (E-4).
2. The evidence of record shows the applicant was promoted to SPC (E-4) on
1 January 2009 and he was reduced to PFC (E-3) on 24 March 2010.
3. There is no evidence of record that shows the applicant was promoted to SPC (E-4) during the period 25 March 2010 through the date he was REFRAD on
21 August 2010.
4. Therefore, there is an insufficient evidentiary basis for correcting the entries in items 4a, 4b, and 12i of his DD Form 214.
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) AR20140013147
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ABCMR Record of Proceedings (cont) AR20140013147
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