IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002065
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 Honorable Discharge Certificate be corrected to show his rank as specialist four (SP4) instead of private first class (PFC).
2. The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his rank as a SP4; however, his discharge certificate shows his rank as PFC.
3. The applicant provides copies of his DD Form 214 and Honorable Discharge Certificate.
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 8 September 1977 for a period of 3 years. He completed his one-station unit training as a hawk missile crewman at Fort Bliss, Texas and was transferred to Korea.
3. He completed his tour in Korea and was transferred to Fort Riley, Kansas on 18 January 1979 where he remained until he was honorably released from active duty (REFRAD) in the rank of SP4 on 12 September 1980. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his statutory service obligation.
4. On 20 November 1981, he was transferred to a USAR troop program unit in Horsham, Pennsylvania. On 8 October 1982 he was reduced to the pay grade of E-3 (PFC) due to unsatisfactory participation by Orders 10/234 issued by Headquarters, 79th U.S. Army Reserve Command. On 9 October 1982, he was transferred back to the USAR Control Group (Reinforcement) by Orders 10/325 issued by Headquarters, U.S. Army Reserve Command.
5. On 6 June 1983, he was honorably discharged from the USAR in the rank of PFC.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his discharge certificate should be corrected to show he was discharged in the rank of SP4 has been noted and found to lack merit. While the applicant was REFRAD in the rank of SP4, he was transferred to the USAR to complete his statutory military obligation and was subsequently reduced to the rank of PFC for unsatisfactory performance. There is no record to show he was advanced to the rank of SP4 after his reduction while in the USAR.
2. Therefore, he was properly discharged from the USAR in the rank of PFC and there is no error or injustice to correct. Accordingly, there appears to be no basis for granting his request.
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) AR20150002065
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ABCMR Record of Proceedings (cont) AR20150002065
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