IN THE CASE OF:  

		BOARD DATE:  17 September 2015

		DOCKET NUMBER:  AR20150003020


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade as sergeant (SGT)/E-5, and to correct the spelling of the name of her nearest relative. 

2.  The applicant states the rank shown of her DD Form 214 is not correct.  She was promoted to SGT prior to her discharge.  She also states her mother's first name is spelled incorrectly on her DD Form 214.    

3.  The applicant provides copies of her January 1997 Leave and Earnings Statement (LES) and a Certificate of Birth Registration from the City of New York.

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 enlisted in the Regular Army on 20 January 1993.  She completed training and was awarded military occupational specialty (MOS) 
39B (Automatic Test Equipment Operator and Maintainer). 
 
3.  Orders 292-27, issued by Alpha Detachment, 546th Personnel Services Battalion, Fort Hood, Texas, dated 18 October 1996, promoted her to SGT effective 1 November 1996 with a date of rank of 1 November 1996.

4.  Her DD Form 214 shows she was honorably released from active duty by reason of completion of required active service on 19 January 1997.  She completed 4 years of net active service and was transferred to the U.S. Army Reserve Control Group.  Her DD Form 214 reflects the following entries:

* Item 4a (Grade, Rate or Rank) shows "SPC" 
* Item 4b (Pay Grade) shows "E-4"
* Item 12h (Effective Date of Pay Grade) shows "1993  01  20" 
* Item 19b (Nearest Relative) shows "BATTIE  C____"

5.  She provides the following documents:

     a.  Her January 1997 LES showing she was paid as an E-5.

     b.  A Certificate of Birth from the City of New York, Department of Health, Bureau of Records and Statistics, dated 31 July 1967, showing the spelling of her mother's first name as "Bettie." 

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  For item 4a, enter the rank in which serving at the time of separation; for item 4b, enter the pay grade in which serving at the time of separation; for item 12h enter the effective of pay grade; and for item 19b enter the nearest relative name as provided by the Soldier.

DISCUSSION AND CONCLUSIONS:

1.  Orders 292-27, dated 18 October 1996, show the applicant was promoted while serving during the period reflected on her DD Form 214.  There is no evidence that she was reduced in rank between the date of her promotion and her separation from active duty.  Therefore, her DD Form 214 should be corrected to show her rank/grade as SGT/E-5.

2.  She also contends her nearest relative's, her mother's, first name is incorrectly spelled on her DD Form 214.  She provides a Certificate of Birth from the City of New York that spells her mother's first name as "BETTIE" as opposed to "BATTIE" as currently listed on her DD Form 214.  Therefore, her DD Form 214 should be corrected to show the correct spelling of her nearest relative’s name.  

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 amending her DD Form 214 by:

* deleting the entry in item 4a and adding "SGT" 
* deleting the entry in item 4b and adding "E-5" 
* deleting the entry in item 12h and adding “1996  11  01"
* deleting in item 19b the entry "BATTIE" and adding the entry "BETTIE"




      _______ _   _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)                                         AR20150003020



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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