IN THE CASE OF:	

		BOARD DATE:	  15 October 2008

		DOCKET NUMBER:  AR20080008513 


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 records be corrected to show he was discharged in pay grade E-3.

2.  The applicant states, in effect, that he was an E-3 [private first class (PFC)] at the time of his release from active duty.  He is suffering from a bipolar disorder that requires periodic psychiatric treatment.

3.  The applicant provides no supporting 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.  The applicant entered active duty on 23 May 1986 and completed training in military occupational specialty (MOS) 76Y (Unit Supply Specialist).

3.  The applicant was released from active duty and placed on the Temporary Disability Retired List (TDRL) on 2 October 1987.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was released as a private (PV1)/pay grade E-1. 

4.  His DA Form 2-1 (Personnel Qualification Record) shows he was advanced to private (PV2)/E-2 on 15 October 1986 and reduced to PV1 on 17 March 1987.

5.  The record contains no documentation as to why the applicant was reduced to PV1 on 17 March 1987, and there is no documentation showing advancement to PFC (E-3).

DISCUSSION AND CONCLUSIONS:

1.  The records do not contain and the applicant has not provided any documentation to show that he was ever advanced to PFC (E-3).

2.  The available records do show that he was reduced to PV1 on 17 March 1987.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080008513





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ABCMR Record of Proceedings (cont)                                         AR20080008513



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