IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018841
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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 March 1986:
* item 4a (Grade, Rate or Rank) - change to specialist four (SP4)
* item 4b (Pay Grade) - change to E-4
* add the Mechanics Badge (properly known as the Driver and Mechanic Badge)
2. The applicant states he was promoted to SP4 on 1 July 1984. He was awarded the Driver and Mechanic Badge on 9 July 1984.
3. The applicant provides:
* DD Form 214
* Headquarters, 2nd Infantry Division Orders 181-95, dated 29 June 1984
* Headquarters, 2nd Infantry Division Orders 191-24, dated 9 July 1984
* his Leave and Earnings Statement (LES) for the period 1-31 January 1986
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. On 30 March 1983, he enlisted in the Regular Army for 3 years.
3. Headquarters, 2nd Infantry Division Orders 181-95, dated 29 June 1984, promoted him to SP4 effective 1 July 1984.
4. Headquarters, 2nd Infantry Division Permanent Orders 191-24, dated 9 July 1984 awarded him the "Mechanics Badge" (properly known as the Driver and Mechanic Badge).
5. On 17 January 1986, he accepted nonjudicial punishment (NJP) for wrongfully using marijuana from about 2 November to 2 December 1985. His punishment included reduction to private E-2 (PV2).
6. On 29 March 1986, he was released from active duty. His DD Form 214 provides the following information:
* item 4a - "PV2"
* item 4b - "E-2"
* item 12h (Effective Date of Pay Grade) - 17 January 1986
* the Driver and Mechanic Badge is not shown
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty grade or rank and pay grade at the time of separation will be entered in Item 4a and 4b of the DD Form 214. The individual's effective date of rank to his pay grade at separation be entered in item 12h of his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Orders show the Driver and Mechanic Badge should be added to his
DD Form 214.
2. Although he was promoted to SP4 on 1 July 1984, he was reduced to PV2 as a result of NJP on 17 January 1986. Therefore, the entries in items 4a, 4b, and 12h of his DD Form 214 are correct. There is no basis on which to change these entries.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Driver and Mechanic Badge to his DD Form 214 with a separation date of 29 March 1986.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to items 12a and 4b of his
DD Form 214.
_______ _ 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) AR20140018841
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ABCMR Record of Proceedings (cont) AR20140018841
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