IN THE CASE OF:	  

		BOARD DATE:	   17 June 2014

		DOCKET NUMBER:  AR20130018332


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as sergeant (SGT) and his pay grade as E-5.  

2.  The applicant states he has an order that shows he was promoted.

3.  The applicant provides his DD Form 214 and Orders 105-58, issued by Headquarters, 101st Airborne Division (Air Assault)and Fort Campbell, Fort Campbell, KY dated 3 June 1987.

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 23 August 1983, the applicant enlisted in the Regular Army.  He completed his initial entry training and he was awarded military occupational specialty 19D (Cavalry Scout).

3.  On 1 January 1985, he was promoted to the rank/grade of Specialist Four (SP4)/E-4.

4.  Orders 75-24, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY dated 21 April 1987, reassigned him to the U.S. Army Separation Transfer Point, Fort Campbell, KY, effective 22 June 1987.  These orders show his rank as "SP4."

5.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was promoted to the SGT/E-5, effective 1 June 1987.

6.  Orders 105-58, issued by Headquarters, 101st Airborne Division (Air Assault) Fort Campbell, KY dated on 3 June 1987, amended Orders 75-24 by changing the applicant's rank, as shown in the standard name line, from "SP4" to "SGT."

7.  On 22 June 1987, he was honorably released from active duty and transferred to the U.S. Army Reserve.

* item 4a (Grade, Rate or Rank) of his DD Form 214 shows his rank as "SP4" 
* item 4b (Pay Grade) of his DD Form 214 show his pay grade as "E-4"
* item 12h (Effective Date of Pay Grade) of his DD Form 214 shows his effective date of pay grade as "85–01–01"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was promoted to the rank/grade of SGT/E-5, effective 1 June 1987.  The evidence further shows he was released from active duty on 22 June 1987, only 22 days after his effective date of promotion.

2.  It is apparent his DD Form 214 does not reflect the rank he held at the time of his separation nor does it show the correct pay grade or effective date of pay.  Therefore, it would be appropriate to correct his DD Form 214 to correct these errors.






BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* deleting the current entry in item 4a of his DD Form 214 and replacing it with "SGT"
* deleting the current entry in item 4b of his DD Form 214 and replacing it with "E-5"
* deleting the current entry in item 12h of his DD Form 214 and replacing it with "87–06–01"




      ______________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018332



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1