IN THE CASE OF: BOARD DATE: 11 June 2021 DOCKET NUMBER: AR20210005696 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 24 September 1999 to reflect promotion to the rank/grade of Private First Class (PFC)/E-3 * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Resume * DD Form 214, dated 24 September 1999 FACTS: 1. Title 10, United States Code (USC), 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. The applicant states pursuant to Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions), section 2-3(c)(2) "Promotion to PFC is 12 months' time in service (TIS) and 4 months' time in grade (TIG)." Per block 12(h) (Effective Date of Pay Grade) of his DD Form 214, his effective date of private (PVT)/E-2 pay grade was 24 November 1998 with his service starting on 18 September 1998 and his separation occurring on 24 September 1999, placing his net active service at 1 year and seven days and his TIG at 10 months, which exceeds guidance in AR 600-8-19. 3. A review of the applicant's official record shows: a. On 18 September 1998, he enlisted in the Regular Army. b. On 18 August 1999, a Physical Evaluation Board convened and found the applicant physically unfit and determined he would be separated from the service without disability benefits. c. On 10 September 1999, Orders Number 253-0111, issued by the U. S. Army Intelligence Center and Fort Huachuca, AZ, reassigned him to the U. S. Army transition point. His rank at the time of discharge was PV2. d. On 24 September 1999, he was honorably discharged from active duty by reason of disability, existed prior to service. He completed 1 year and 7 days. Item 4a (Grade, Rate or Rank) shows "PV2." 4. The applicant provides a resume that reflects his work history. 5. On 15 April 2021, in the processing of this case, an advisory opinion was received from the Chief, Enlisted Promotions, Promotion Branch, U.S. Army Human Resources Command. It states: a. After review of the applicant’s application for correction of military records, it has been determined that his request for correction of military records is approved with his promotion to PFC with an effective date and date of rank of 18 September 1999. b. Due to his separation from the Army, he is no longer in the Electronic Military Personnel Office system and a promotion transaction cannot be submitted. A promotion order is not included. 6. The applicant was provided with a copy of the advisory opinion 27 April 2021 to give him an opportunity to respond and/or submit a rebuttal. He did not respond. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. The Board further found the available evidence is sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The Board concurred with the conclusion of the advisory official that the applicant met the time in service and time in grade requirements to be promoted to PFC effective 18 September 1999. The Board determined his DD Form 214 should be corrected to show the higher grade and the effective date of the higher grade. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 his DD Form 214 as follows: * Replace the entry in item 4a with "PFC" * Replace the entry in item 4b with "E3" * Replace the entry in item 12h with "1999 09 18" 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, USC, 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 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. 2. AR 600-8-19 (Enlisted Promotions and Reductions) provides when computing TIG for active duty, set at the time of entering current grade. Use active service of one or more days when computing TIG for promotion eligibility. Regular Army Soldiers who enlist in the Active Army, use basic active service date. For advancement to PFC, there is a 12–month TIS (6 months TIS may be waived) and a 4–month TIG (2 months may be waived) requirement. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005696 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1