BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002323 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 BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002323 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. BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002323 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 military records to show his pay grade as E-4. 2. The applicant states his current pay grade on record is E-3, but he was promoted to E-4 on 6 June 1999. 3. The applicant provides: * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 31 May 1993 * undated DA Form 4187 (Personnel Action) 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 New Jersey Army National Guard (NJARNG) on 18 June 1991 for a period of 8 years. 3. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was appointed to private first class (PFC)/E-3 effective 2 June 1992. 4. He provided a DA Form 2173, dated 31 May 1993, showing his grade as specialist/E-4. 5. He was honorably discharged from the NJARNG on 17 June 1994 for expiration of Active Guard commitment and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 17 June 1994 shows his: * rank as PFC * pay grade as E-3 * date of rank as 2 June 1992 6. His records contain an NGB Form 22 for the period ending 13 October 1995 showing: * he enlisted in the NJARNG on 14 October 1994 * his rank as PFC * his pay grade as E-3 * his date of rank as 2 June 1992 * he was honorably discharged on 13 October 1995 for expiration of Active Guard commitment * he was transferred to the USAR Control Group (Reinforcement) 7. He provided an undated DA Form 4187 showing he was recommended for advancement to E-4 effective 6 June 1999. Section V (Certification/Approval/ Disapproval) of this form is cut off and illegible. 8. USAR Personnel Command Orders D-12-982854, dated 21 December 1999, discharged him from the USAR in the rank of PFC effective 21 December 1999. REFERENCES: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states the eligibility for immediate (ARNG) promotion to specialist/E-4 is 24 months of time in service and 6 months of time in grade. 2. Army Regulation 15-185 (A BCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record shows: * the applicant was appointed to E-3 effective 2 June 1992 * he was discharged from the NJARNG on 13 October 1995 in the rank of PFC/E-3 * he was discharged from the USAR effective 21 December 1999 in the rank of PFC 2. The applicant contends his military records should be corrected to show his pay grade as E-4 because he was promoted on 6 June 1999. 3. The DA Form 2713 he provided is dated 31 May 1993, 3 years prior to the date he claims he was promoted to E-4. 4. The DA Form 4187 he provided shows he was recommended for advancement to E-4 effective 6 June 1999. However, section V (Certification/ Approval/Disapproval) of this form is cut off and it cannot be determined if this personnel action was approved. 5. In the absence of evidence to the contrary, administrative regularity must be presumed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002323 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002323 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2