RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070002469 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Rial D. Coleman Analyst The following members, a quorum, were present: Mr. John T. Meixell Chairperson Ms. Jeanette R. McCants Member Mr. Scott W. Faught Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his rank and pay grade be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states, in effect, that he was advanced to private first class/pay grade E-3 after the paperwork for his DD Form 214 was filed. 3. The applicant provides a DA Form 4187 (Personnel Action) as documentary evidence in support of this application. 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. Records show the applicant entered active duty on 19 November 1987 and served until his term of service expired 18 November 1991. 3. The DD Form 214 issued at the time of the applicant's release from active duty shows that he held the rank of private and the pay grade E-2. 4. The applicant's record contains a DA Form 4187 which shows that he was advanced to private first class/pay grade E-3 effective 1 October 1991 with a date of rank of 1 October 1991. This form was authenticated by an authorized promotion authority. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be amended to show his rank and pay grade as private first class/E-3 was carefully considered and determined to have merit. 2. Evidence clearly shows that the applicant was advanced to private first class/ pay grade E-3 on 1 October 1991. Therefore, he is entitled to correction of his DD Form 214 to show the rank of private first class and the pay grade of E-3. 3. Additionally, Defense Finance and Accounting Services should audit the applicant's pay records and provide him with any pay and allowances due as a result of this correction. BOARD VOTE: __JTM__ __JRM___ __SWF__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 amending his DD Form 214 to show in Block 4a (Grade, Rate, or Rank) the entry “PFC", in Block 4b (Pay Grade) the entry "E-3", and that he be paid all back pay and allowances due as a result of the above corrections. John T. Meixell_____ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.