IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20150000378
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 that his DD Form 214 (Certificate of Release from Active Duty) dated 29 March 2005 be corrected to show his rank and pay grade as SPC/E-4.
2. The applicant states that his DD Form 214 shows his rank and pay grade as PFC/E-3; however, he was serving as a SPC/E-4 when he was released from active duty as evidenced by his NGB Form 22 (Report of Separation and Record of Service).
3. The applicant provides copies of his DD Form 214 and NGB Form 22.
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 Tennessee Army National Guard (TNARNG) on 9 May 2003 for a period of 8 years, training as a cavalry scout and a $6,000.00 enlistment bonus. He completed his training at Fort Knox, Kentucky and was returned to his unit.
3. On 17 June 2004, he was ordered to active duty in support of Operation Iraqi Freedom and was advanced to the pay grade of E-4 on 5 August 2004.
4. On 29 March 2005, he was honorably released from active duty (REFRAD) due to completion of required service. He had served 9 months and 13 days of net active service this period and his DD Form 214 issued at the time of his REFRAD shows he was REFRAD in the rank and pay grade of PFC/E-3 with a date of rank (DOR) of 5 May 2004.
5. On 7 April 2005, he was honorably discharged from the TNARNG due to being medically unfit for retention. His NGB Form 22 issued at the time of his discharge shows he was discharged in the pay grade of E-4 with a DOR of 5 August 2004.
6. Army Regulation 635-5 (Separation Documents), then in effect, served as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant was advanced to the rank and pay grade of E-4 on 5 August 2004 while serving on active duty. However, his DD Form 214 issued at the time of his REFRAD shows he was REFRAD on 29 March 2005 in the rank and pay grade of E-3. On 7 April 2005, his NGB Form 22 shows he was discharged from the TNARNG in the rank and pay grade of E4 with a DOR of 5 August 2004.
2. Accordingly, his DD Form 214 should be corrected to show he was REFRAD in the rank and pay grade of SPC/E-4 with an effective date of 5 August 2004.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 29 March 2005 as follows:
* Delete the entry PFC from item 4a
* Delete the entry E3 from item 4b
* Delete the entry 2004 05 05 from item 12h
* Add the entry SPC to item 4a
* Add the entry E4 to item 4b
* Add the entry 2004 08 05 to item 12h
___________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) AR20150000378
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ABCMR Record of Proceedings (cont) AR20150000378
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