IN THE CASE OF: BOARD DATE: 21 August 2008 DOCKET NUMBER: AR20080009658 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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show her rank as sergeant and pay grade as E-5. 2. The applicant states that her DD Form 214 incorrectly shows her as a specialist, pay grade E-4. 3. The applicant provides a copy of her DD Form 214. 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. On 3 May 1995, the applicant enlisted in the Regular Army for 3 years beginning in the rank of specialist, pay grade E-4. She completed her initial training and was awarded military occupational specialty (MOS) 92G (Food Service Specialist). 3. On 6 September 1995, the applicant was assigned for duty at Fort Hood, Texas. 4. Orders 054-0253, III Corps and Fort Hood, Texas, dated 23 February 1998, reassigned the applicant, in the rank and pay grade of specialist, E-4, to the United States Army Transition Center, Fort Hood, Texas, for transition processing. Her date of release from active duty was 2 May 1998. 5. On 2 May 1998, the applicant was released from active duty and transferred to the Texas Army National Guard for duty with the 149th Aviation Regiment, San Antonio, Texas. She had completed 3 years of creditable active service. 6. Item 4a (Grade, Rate, or Rank) of the applicant’s DD Form 214 shows her as a specialist. Item 4b (Pay Grade) of this same form shows E-4. Item 12 (Record of Service) of this same form shows in Block 12h an effective date of rank of 3 May 1995. 7. In a Personnel Action (DA Form 4187) dated 22 July 1998, the applicant requested discharge from the Texas Army National Guard (TXARNG) and transfer to the United States Army Reserve Control Group (Reinforcement). She stated her reason for this request was to further her education and to take care of family obligations. She identified herself as a specialist, E-4 in this request. Her request was approved on 23 July 1998. She was accordingly discharged from the TXARNG. DISCUSSION AND CONCLUSIONS: 1. The evidence of record clearly shows that the applicant enlisted in the Regular Army in the rank and pay grade of specialist, E-4. There is no evidence showing that she was ever promoted to a higher rank or pay grade during her period of active duty. 2. The applicant’s orders releasing her from active duty clearly show her rank and pay grade as specialist, E-4. Furthermore, her DD Form 214 reflects this same rank and pay grade. 3. Evidence shows that the applicant enlisted in the Texas Army National Guard as a specialist, pay grade E-4, and was subsequently discharged and reassigned to the United States Army Reserve Control Group (Reinforcement) in the rank and pay grade of specialist, E-4. 4. There is no available evidence showing that the applicant was ever promoted to sergeant, pay grade E-5, in the Regular Army, or in either Reserve Component. 5. In view of the above, there is no basis for granting the applicant’s request to change her rank and pay grade to sergeant, E-5. 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009658 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1