IN THE CASE OF: BOARD DATE: 6 September 2011 DOCKET NUMBER: AR20110003320 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct grade, rank, and company. 2. The applicant states the grade, rank, and company shown on his DD Form 214 are incorrect. He states he was never late for formation and he was also in uniform. 3. The applicant provides no additional evidence. 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 Regular Army on 23 June 1987, in the pay grade of E-2. He completed training as a power generation equipment operator. 3. The facts and circumstances surrounding the applicant's reduction are not filed in his official military record. However, there is a DA Form 4187 (Personnel Action) filed in his record showing he was reduced to private, pay grade E-1, effective 30 March 1990. 4. Orders 61-21 were published on 3 April 1990 reassigning the applicant from C Battery, 3rd Battalion, 27th Field Artillery (C BTRY, 3/27TH FA) to the U.S. Army Transition Point, Fort Bragg, NC for transition processing. 5. The applicant was released from active duty (REFRAD) on 22 June 1990. His DD Form 214 shows in: * Item 4a (Grade, Rate or Rank) – PV1 * Item 4b (Pay Grade) – E-1 * Item 8a (Last Duty Assignment and Major Command) – C BTRY, 3/27TH FA 6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It states the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD, discharge, or retirement. It states: * In item 4a and 4b – Enter active duty grade or rank and pay grade at time of separation * In item 8a – This entry will show the last .0 * assignment and command to which the Soldier was assigned prior to REFRAD DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. 2. His records show he was reduced to the rank of private, pay grade E-1, on 30 March 1990. His records also show that Orders 61-21 were published on 3 April 1990 reassigning him from C BTRY, 3/27TH FA to the U.S. Army Transition Point, Fort Bragg, NC for transition processing. 3. His DD Form 214 properly shows his grade, rank, and last duty assignment and major command prior to discharge. In view of the foregoing, his request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20110003320 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003320 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1