IN THE CASE OF: BOARD DATE: 27 October 2011 DOCKET NUMBER: AR20110008676 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged in the rank/grade of specialist five (SP5)/E-5. 2. The applicant states when he was stationed at Fort Knox, KY, he was promoted to SP5/E-5 and when he could not perform during physical training in the morning, he was constantly harassed by Sergeant First Class S-----. Additionally, when he was stationed in Berlin, Germany he tried to do what was right. It was after he left active duty that he learned he had reflex sympathetic dystrophy. 3. The applicant provides: * Orders 058-186, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, dated 27 February 1984 * his DD Form 214 * his DA Form 2-1 (Personnel Qualification Record), last reviewed on 26 May 1983 * Multiple certificates of training, appreciation, promotion, and academic achievements 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. Having had prior enlisted service, the applicant enlisted in the Regular Army (RA) on 22 March 1977 in the rank/grade of specialist four (SP4)/E-4. He held military occupational specialty 64C (Motor Transport Operator). 3. He executed a 3-year reenlistment on 26 February 1981 and he served in a variety of stateside and/or overseas assignments. His DA Form 2-1 shows he was promoted to SP5/E-5 on 3 July 1981. 4. On 5 November 1982, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to obey a lawful order on 15 October 1982 and failing to go at the time prescribed to his appointed place of duty on 19 October 1982. His punishment included a reduction to SP4/E-4. He appealed his punishment; however, his appeal was denied. 5. Orders 058-186 shows he was honorably discharged from the RA on 27 February 1984. The DD Form 214 he was issued shows in: * items 4a and 4b the entry "SP4" and "E-4," respectively * item 12h (Effective date of Pay Grade) the entry "82 11 05" 6. It appears that after his discharge from active duty, he entered the Army National Guard and completed or received various training courses, certificates of achievement, certificates of promotion, and other academic achievements. 7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders). DISCUSSION AND CONCLUSIONS: 1. The applicant accepted NJP under Article 15 of the UCMJ on 5 November 1982. His punishment consisted, in part, of a reduction to SP4/E-4. He appealed his punishment, which was denied. He held the rank/grade of SP4/E-4 through his discharge date. There is no evidence of record that shows he was again promoted to SP5/E-5 prior to his discharge from active duty. 2. In view of the foregoing, there is no basis for granting his requested relief. 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) AR20110008676 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110008676 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1