IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20140021349
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 pay grade as E-4.
2. The applicant states:
* his pay grade should be changed from E-2 to E-4
* the highest pay grade he held was E-4
3. The applicant provides:
* a letter from his commander, dated 15 March 1999
* medical record, dated 22 March 1999
* permanent change of station orders, dated 31 March 1999
* Brooke Army Medical Center Orders 90-1, dated 6 April 1999
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 15 July 1997 and trained as a military police officer.
3. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he was appointed as a private one/E-1 effective 15 May 1997.
4. He served in Panama from 28 November 1997 to March 1999.
5. His DA Form 2A (Personnel Qualification Record Part I), prepared on 15 March 1999, shows his grade as specialist (SPC)/E-4 with a date of rank of 1 February 1999.
6. His medical evaluation board, dated 25 June 1999, and physical evaluation board, dated 15 July 1999, show his rank and pay grade as SPC/E-4.
7. On 1 September 1999, he was honorably discharged for physical disability (severance pay). His DD Form 214 shows in:
* item 4a (Grade, Rate or Rank) private two (PV2)
* item 4b (Pay Grade) E-2
* item 12h (Effective Date of Pay Grade) 25 August 1999
8. The applicant's U.S. Army Human Resources Command (HRC) Integrated Web Services (IWS) records show a personnel action pending entry citing "adverse action."
9. There is no evidence in the available records showing the applicant was reduced from SPC to PV2 effective 25 August 1999 or that he was again advanced to SPC after 25 August 1999.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214. It stated for items 4a and 4b, enter the active duty grade of rank and pay grade at the time of separation.
11. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. His request to change his pay grade from E-2 to E-4 was noted.
2. The evidence of record supports the applicant's contention that the highest pay grade he held was E-4. His DA Form 2A, prepared on 15 March 1999, shows his grade as SPC/E-4 with a date of rank of 1 February 1999.
3. However, his DD Form 214 shows he was discharged on 1 September 1999 in pay grade E-2 with an effective date of pay grade of 25 August 1999. In addition, the HRC IWS shows evidence of an adverse action. Presuming administrative regularity, it appears he was reduced in rank from SPC to PV2 effective 25 August 1999. As there is no evidence of record that shows he was again advanced to SPC/E-4 after 25 August 1999 or prior to his discharge on 1 September 1999, 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 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.
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