IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013252 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013252 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 removing Orders 66-12 from her record and amending her DD Form 214 by deleting the entry in: * item 4a and adding "PV2" * item 4b and adding "E-2" * item 12h and adding "84 07 26" ___________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. IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013252 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, removal from her record of a document concerning unsatisfactory participation and correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank as private/E-2 (PV2). 2. The applicant states, in effect: a. She was recently informed that she was discharged from the U.S. Army Reserve (USAR) due to unsatisfactory participation; however, she could not have been medically discharged or discharged due to unsatisfactory participation because she was on active duty at the time. When she returned from active duty her company commander told her she had been medically discharged. She was also promoted to PV2 (while on active duty). b. After she was released from active duty she returned home and participated in drills at her USAR unit until she was told she was no longer required to report because she had been medically discharged; if she chose to report for duty she would not be paid. She was never paid for the drills that she attended and she stopped attending. 3. The applicant provides documents pertaining to her active duty period of service. 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 USAR on 29 September 1983 for a period of 6 years. 3. Initial Active Duty for Training (IADT) Order Number 195-7, issued by the Military Entrance Processing Station, Cleveland, OH, dated 29 September 1983, ordered her to report to Fort Jackson, SC, on 16 May 1984. She entered active duty on this date. 4. Orders 66-12, issued by 83rd USAR Command, Columbus, OH, dated 18 June 1984, released her from her USAR unit (256th General Hospital, Parma, OH) due to unsatisfactory participation, effective the date of the orders. She was assigned to the USAR Personnel Center, St. Louis, MO. 5. Her DA Form 2-1 (Personnel Qualification Record) shows in item 18 (Appointments and Reductions) she was promoted to PV2 on 26 July 1984. 6. On 21 September 1984, she was released from active duty and transferred back to her USAR unit (256th General Hospital, Parma, OH). 7. Her DD Form 214 shows in: * item 4a (Grade, Rate, or Rank) – "PV1" * item 4b (Pay Grade) – "E-1" * item 12h (Effective Date of Pay Grade) – "83 09 29" * item 23 (Type of Separation) – “Relief from Active Duty for Training" 8. Orders D-0-09-082684, issued by the USAR Personnel Center, St. Louis, MO, dated 27 September 1989, show she was honorably discharged from the Ready Reserve on 28 September 1989 as a private/E-1 (PV1). 9. Her available record is void of and she does not provide any evidence concerning her drills. REFERENCES: 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; and for item 12h enter the effective of pay grade. DISCUSSION: 1. Orders 66-12, issued by 83rd USAR Command, Columbus, OH, dated 18 June 1984, released her from her USAR unit (256th General Hospital, Parma OH) unit, due to unsatisfactory participation effective 18 June 1984; however, during this period, the applicant was serving on active duty. The available records do not show a basis for these orders. 2. Her DA Form 2-1 shows in item 18 she was promoted to PVT/E-2 on 26 July 1984; however, her DD Form 214 shows her rank as PV1. 3. Although her Ready Reserve discharge orders, dated 27 September 1989, show her rank as PV1, the record is not sufficiently complete to say with certainty that this is not the grade she held at the time of her discharge. 4. In regards to her claim that she was never paid for drills that she attended, her available record is void of and she does not provide any evidence concerning her drill attendance. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013252 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013252 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2