IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150014636 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150014636 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150014636 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 item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade as specialist (SPC)/E-4. 2. The applicant states: a. Her DD Form 214 only documents her basic training and advanced individual training (AIT) and lists her rank as private (PV1)/E-1. b. She held the rank of SPC at the time her unit closed due to a reduction in force. c. The submission of incorrect paperwork due to the chaos at her unit could have resulted in the wrong rank being listed on her DD Form 214. 3. The applicant provides copies of: * Honorable Discharge Certificate * DA Form 638-1 (Recommendation for Award). 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 U.S. Army Reserve (USAR) on 23 June 1988 for a period of 8 years. She entered active duty for training (ADT) on 20 September 1988 and served until she was released and transferred to her USAR unit on 14 March 1989. 3. The DD Form 214 she was issued upon release from ADT shows she completed 5 months and 25 days of net active service this period. Item 4a contains the entry “PV1” and item 4b contains the entry “E-1.” 4. The applicant’s Official Military Personnel File contains a DA Form 2-1 (Personnel Qualification Record). Item 18 (Appointments and Reductions) confirms she was promoted to the rank/grade of SPC/E-4 on 1 September 1990, after she was released from active duty. REFERENCES: Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-1 states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The evidence of record confirms the applicant was transferred to the control of her USAR unit on 14 March 1989 in the rank/grade of PV1/E-1 upon completion of 5 months and 25 days of ADT. She was promoted to the rank/grade of SPC/E-4 in 1990, while a member of the USAR. 2. By regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. The applicant’s DD Form 214 accurately reflects the rank/grade she held on 14 March 1989. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014636 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014636 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2