BOARD DATE: 29 May 2014 DOCKET NUMBER: AR20130015896 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: a. correction of item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 February 1992 to show his rank/pay grade as private first class (PFC)/E-3 and b. correction of his DD Form 1966 (Record of Military Processing – Armed Forces of the United States) to show he graduated from the TESST Electronic School. 2. The applicant states: * his discharge rank should have been PFC/E-3 * item 23 (Education) of his DD Form 1966 is incorrect because he graduated from the TESST Electronics School 3. The applicant provides: * diploma from the TESST Electronics School * DD Form 1966 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 provided a diploma from the TESST Electronics School, dated 13 October 1989, showing he completed the Field Service and Computer Technology Program. 3. Item 23 of the applicant's DD Form 1966, dated 21 June 1991, shows he did not graduate from the TESST Electronics School in October 1989. 4. His records contain an undated DA Form 4187 (Personnel Action) showing a request for promotion pertaining to the applicant. Section IV (Remarks) states, "IAW AR 601-210 [in accordance with Army Regulation  601-210], Chapter 2, Table 2-3, Rule E, promote to the rank of PFC E-3 effective date 910626 [26 June 1991]." Section V (Certification Approval/Disapproval) of this form is blank. 5. His enlistment contract shows he enlisted in the U.S. Army Reserve (USAR) in pay grade E-1 on 29 July 1991 for a period of 8 years. He was ordered to initial active duty for training on 22 August 1981. He was injured (dislocated his left knee) on 23 September 1991 during his fourth week of training while participating in hand-to-hand combat training. 6. On 14 February 1992, he was retired in the rank of private/E-1 due to temporary physical disability and placed on the Temporary Disability Retired List (TDRL) the following day. On 25 October 1994, he was removed from the TDRL in the rank of E-1 and discharged with severance pay. 7. There is no evidence of record showing he was appointed/advanced to pay grade E-3 prior to his retirement on 14 February 1992. DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends his rank at discharge should have been PFC/E-3, there is no evidence which shows he was appointed to pay grade E-3 prior to his retirement on 14 February 1992. The undated DA Form 4187 which indicates he should have been promoted to E-3 effective 26 June 1991 is incomplete because there is no certification by an approval authority. In addition, he did not enlist in the USAR until 29 July 1991. Therefore, there is insufficient evidence on which to base amending item 4a and item 4b of his DD Form 214 for the period ending 14 February 1992. 2. The TESST Electronics School diploma is accepted as sufficient evidence on which to amend item 23 of the applicant's DD Form 1966, dated 21 June 1991, to show he graduated from this school in October 1989. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF _X____ _X_______ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 23 of his DD Form 1966 to show he graduated from the TESST Electronics School in October 1989. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 4a and item 4b of his DD Form 214 for the period ending 14 February 1992 to show his rank/pay grade as private first class (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) AR20130015896 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130015896 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1