IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020484
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) by showing his rank as specialist, pay grade E-4.
2. The applicant states his pay grade was E-4 and his rank was never taken away.
3. The applicant provides no additional documentation.
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 10 March 2004, the applicant enlisted in the Regular Army as a private, pay grade E-1.
3. The applicant completed his initial training as an armor crewman and was assigned to Fort Benning, Georgia.
4. The applicant's Enlisted Record Brief, dated 11 April 2006 shows he was advanced as follows:
* 10 September 2004 to private, pay grade E-2
* 10 March 2005 to private first class, pay grade E-3
* 1 January 2006 to specialist, pay grade E-4
5. On 21 September 2006, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. His
DD Form 214 shows his characterization of service as under other than honorable conditions and his rank and pay grade as private, E-1, effective
11 September 2006.
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides that when a Soldier is to be discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing his rank as specialist, pay grade E-4 because his rank was never taken away.
2. The available evidence shows that the applicant was administratively discharged in lieu of trial by court-martial. He received a characterization of service under other than honorable conditions requiring his reduction to the lowest enlisted grade.
3. There is no apparent error or injustice in this case.
4. In view of the above, the applicant's request should be denied.
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) AR20140020484
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ABCMR Record of Proceedings (cont) AR20140020484
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