BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011970 


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 records to show he was discharged from the Pennsylvania Army National Guard (PAARNG) in the rank/grade of specialist four (SP4)/E-4 instead of private (PV2)/E-2.

2.  The applicant states he was reduced to PV2/E-2 because he did not reenlist.

3.  The applicant provides:

* ARNG Honorable Discharge Certificate
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* NGB Form 23 (ARNG Retirement Credits Record)
* Certificate of Appreciation
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 PAARNG on 19 September 1983.  He entered active duty for training (ADT) on 30 July 1984.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 95B (Military Police).  He was honorably released from ADT on 27 November 1984 to the control of his ARNG unit.

3.  He was honorably discharged from the ARNG on 18 September 1989.  His NGB Form 22 shows he completed 6 years of ARNG service.  This form also shows in:

* items 5a (Rank) and 5b (Pay Grade) the entries "PV2" and "E-2," respectively
* item 6 (Date of Rank) the entry "30 January 1985"

4.  His official records do not contain official orders that show he was promoted to private first class (PFC)/E-3 or SP4/E-4 or reduction orders that show he was reduced from SP4/E-4 to PFC/E-3 and/or PV2/E-2.  It is unclear if he was promoted to SP4/E-4 and was later reduced or if he was never promoted higher than PV2/E-2.

5.  He provides an NGB Form 23 for the period 19 September 1983 through 31 March 1989 that shows his rank as SP4.  He also provides a certificate of appreciation that shows his rank as SP4.

6.  National Guard Regulation 600-200 (Enlisted Personnel Management) prescribes the criteria, policies, processes, procedures and responsibilities for personnel management of members of the ARNG.  The regulation in effect at the time stated the NGB Form 22 would show the rank and grade at the time of separation.

DISCUSSION AND CONCLUSIONS:

The applicant's records do not contain official orders promoting him above the rank/grade of PV2/E-2.  In the absence of official orders that conclusively show he was promoted to SP4/E-4 and held that rank/grade at the time of his discharge from the ARNG, there is insufficient evidence to grant him the requested relief.


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 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)                                         AR20110011970



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ABCMR Record of Proceedings (cont)                                         AR20110011970



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