ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:  6 November 2020 DOCKET NUMBER:  AR20200002710 


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: 

.rank/grade as private first class (PFC)/E-3 instead of private (PV1)/E-1 and;

.net active service as 2 years, 3 months, and 1 day instead of 2 months and


12 days

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214



FACTS: 

1.The applicant did not file within the three-year period provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states his dates of service are from 23 September 2003 to23 December 2005, and his last duty was with the 710th Main Support Battalion (MSB)located at Fort Drum, NY.  He further states he is unable to receive Department ofVeterans Affairs (VA) benefits and the mistake was discovered while applying for a VAloan.

3.The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces ofthe United States) shows he enlisted in the Regular Army on 23 September 2003, for aperiod of 4 years in the rank/grade of PFC/E-3.

4.Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel QualificationRecord), undated, lists his rank as PV1 effective 23 September 2003.

5.He was discharged from the RA in accordance with Orders 338-2258, issued byHeadquarters, U.S. Infantry Center, Fort Benning, GA, effective 4 December 2003.  Hisrank is listed as PV1.

6.The applicant received an uncharacterized discharge on 4 December 2003, inaccordance with Army Regulation 600-200 (Personnel Separations – EnlistedPersonnel), paragraph 5-1, for failing to meet procurement medical fitness standards.He was not awarded a military occupational specialty.  Item 4a (Grade, Rank, or Rate)lists his rank as PV1 and item 12c (Net Active Service This Period) of the DD Form 214he was issued shows he completed 2 months and 12 days of active service this period.

7.Information located in the Total Army Personnel Database, dated 22 October 2020,shows his rank as PFC with a date of rank of 23 September 2003, and the date of hislast active duty as 4 December 2003.

8.The DD Form 214 is a synopsis of the Soldier's most recent period of continuousactive service.  It provides a brief, clear-cut record of active Army service at the time ofrelease from active duty, retirement, or discharge.  The rank listed on the form shouldreflect the Soldier's rank at the time of separation.

9.Army Regulation 15-185 (ABCMR) prescribes the policies and procedures forcorrection of military records by the Secretary of the Army, acting through the ABCMR.The ABCMR considers individual applications that are properly brought before it.  TheABCMR will decide cases on the evidence of record.  It is not an investigative body.The ABCMR begins its consideration of each case with the presumption ofadministrative regularity.  The applicant has the burden of proving an error or injusticeby a preponderance of the evidence.


BOARD DISCUSSION: 



1.After reviewing the application and all supporting documents, the Board found reliefis not warranted.2.The Board found no evidence indicating the applicant completed any servicesubsequent to his discharge on 4 December 2003.  The Board determined there is noerror in the record of his service as it is currently constituted, and by a preponderanceof evidence no error or injustice in the rank/grade recorded on his DD Form 214.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX DENY APPLICATION 


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. 


REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so.

2.Army Regulation 635-8 (Separation Processing and Documents), establishes thepolicies and provisions for the preparation and distribution of the DD Form 214.  It statesthe DD Form 214 is a synopsis of the Soldier's most recent period of continuous activeservice.  It provides a brief, clear-cut record of active Army service at the time of release
from active duty, retirement, or discharge.  The regulation states to verify the active duty grade or rank and pay grade are accurate at the time of separation. 
 
3.  Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that 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. 
 
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