BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140015110
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 her rank on her Honorable Discharge Certificate be changed to specialist (SPC). She requests the National Defense Service Medal and certificate.
2. The applicant states she was promoted to SPC prior to her discharge. She had not received any demotions. She did not receive the National Defense Service Medal or certificate.
3. The applicant provides:
* Certificate of Promotion, dated 3 February 1991
* Honorable Discharge Certificate, dated 12 March 1996
* Headquarters (HQ), 90th U.S. Army Reserve Command (USARC) Orders 159-122, dated 10 May 1991
* Annex C to HQ, 90th USARC Letter Order Number 159-122, dated
10 May 1991
* a memorandum, dated 17 January 1992, from Headquarters and Headquarters Detachment (HHD), 373rd Supply and Service Battalion
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. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain her medals by submitting her request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. The issue concerning the National Defense Service Medal will not be further addressed in this Record of Proceedings.
3. On 9 March 1988, she enlisted in the U.S. Army Reserve (USAR). She was ordered to active duty on 17 August 1988 and completed basic combat and advanced individual training and was awarded military occupational specialty 71L (Administrative Specialist). She was released from initial active duty for training on 17 December 1988.
4. On 3 February 1991, she was promoted to SPC.
5. Annex C to HQ, 90th USARC Orders 159-122, dated 10 May 1991, identifies the applicant with the rank of SPC.
6. The memorandum, dated 17 January 1992, HHD, from 373rd Supply and Service Battalion identifies the applicant with the rank of SPC.
7. A memorandum, dated 19 March 1992, from HHD, 373rd Supply and Service Battalion notified the applicant her commander was initiating action to reduce her from SPC to private first class (PFC). The reason for his action was she had accumulated eight unexcused absences.
8. HHD, 373rd Supply and Service Battalion Orders 1-1, dated 24 March 1992, reduced the applicant from SPC to PFC effective 24 March 1992. Her reduction was based on her unsatisfactory participation in unit training.
9. HQ, 90th USARC Orders 033-070, dated 21 May 1992, released her from HHD, 373rd Supply and Service Battalion and transferred her to the USAR Control Group (Reinforcement). The orders identify her as a PFC.
10. USAR Personnel Center, St. Louis, MO Orders D-03-626633, dated
12 March 1996, discharged her from the USAR. The orders identify her as a PFC. Her Honorable Discharge Certificate, date 12 March 1996, shows her rank as PFC.
DISCUSSION AND CONCLUSIONS:
She contends she was promoted to SPC and had not received any demotions. However, her official military personnel file shows orders reducing her from SPC to PFC due to unsatisfactory participation in unit training on 24 March 1992. Therefore, the rank PFC shown on her Honorable Discharge Certificate is correct.
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) AR20140015110
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015110
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