IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150000087
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 23 July 1982 to show her rank/grade as private first class (PFC)/E-3 instead of private (PV2)/E-2.
2. The applicant states they put the wrong rank on her DD Form 214 and told her it did not matter.
3. The applicant provides:
* 1985 U.S. Army Reserve (USAR) enlistment contract
* 1985 Chronological Record of Retirement Points
* 1985 promotion order from PFC/E-3 to specialist four (SP4)/E-4
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 applicants complete Regular Army (RA) service records from July 1979 to July 1982 are not available for review with this case. However, her existing DD Form 214 and subsequent USAR service records are sufficient for the Board to conduct a fair and impartial review of this case.
3. Her DD Form 214 shows she enlisted in the USAR on 24 May 1979 and after 2 months of inactive service, she enlisted in the RA on 24 July 1979. She completed the 15-week training course for a signal specialty and was awarded military occupational specialty 31M (Multichannel Communications Equipment Operator Specialist).
4. Her contemporaneous DA Form 2-1 (Personnel Qualification Record) shows:
* she held the rank/grade of private/E-1 on 24 July 1979 (enlistment)
* she was advanced to PFC/E-3 on 1 October 1980
* she was reduced from PFC/E3 to PV2/E-2 on 19 May 1981
5. She was honorably release from active duty on 23 July 1982 after completing 3 years of creditable active service. Her DD Form 214 shows in:
* Item 4a (Grade, Rate or Rank) PV2
* Item 4b (Pay Grade) E-2
* Item 12h (Effective Date of Pay Grade) 19 May 1981
5. Following her release from active duty, she was promoted in the USAR to PFC/E-3 on 6 October 1983. She then enlisted in the USAR in the rank of PFC on 4 May 1985. She was promoted to SP4/E-4 in the USAR on 20 July 1985.
6. She was honorably discharged from the USAR on 14 April 1992.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It states for Items 4a and 4b, enter the enlisted rank/grade at the time of the Soldier's separation and for Item 12h, enter the effective date of rank.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served on active duty during the period 24 July 1979 through 23 July 1982. During her active duty service she was advanced to PFC/E-3 on 1 October 1980. However, it appears she was reduced from PFC/E3 to PV2/E-2 on 19 May 1981. She held the rank/grade of PV2/E-2 on the date of her release from active duty.
2. She may have been promoted to PFC/E-3 in the USAR and enlisted in the USAR in this rank/grade; however, her USAR promotion had no impact on her previously-issued DD Form 214. The DD Form 214 is a synopsis of a Soldier's period of continuous active service.
3. There is insufficient evidence to support granting her the 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 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) AR20150000087
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ABCMR Record of Proceedings (cont) AR20150000087
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