IN THE CASE OF:	  

		BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090004583 


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 or Discharge from Active Duty) be corrected to show his rank as private first class (PFC), pay grade E-3.

2.  The applicant states he was an E-3 when he was released from active duty but his DD Form 214 shows E-2.

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 served in the Regular Army from 16 October 1991 through 15 October 1994.
3.  8th Battalion, 8th Field Artillery Regiment, Permanent Orders Number 81-00, dated 4 February 1993, awarded the applicant, a PFC, the Drivers and Mechanics Badge.  

4.  His DA Form 2-1 (Personnel Qualification Record) shows advancement to private two (PV2) E-2 on 16 April 1992.  

5.  Headquarters, 4th Infantry Division Orders 238-0004, (separation orders), dated 26 August 1994, show the applicant as a PFC.

6.  Headquarters, 4th Infantry Division Orders 238-0011, dated 31 August 1994, show the applicant as a PFC.

7.  A Serviceman's Group Life Insurance and Certificate, completed on 30 August 1993, shows the applicant as a PFC. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was an E-3 when he was released from active duty but his DD Form 214 shows E-2.

2.  It appears the applicant was advanced to pay grade E-3 at some point before February 1993 as noted by the entries on all of his orders following his award of the Drivers and Mechanics Badge.

3.  The record contains no indication of any derogatory information that would have prevented advancement to E-3 or a subsequent reduction to E-2.

4.  Therefore, it is appropriate to correct the DD Form 214 to show his rank and pay grade as PFC E-3.

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 correcting the DD Form 214 to show the applicant's rank and pay grade as PFC E-3.





      _______ _   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)                                         AR20090004583





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ABCMR Record of Proceedings (cont)                                         AR20090004583



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