IN THE CASE OF: BOARD DATE: 1 May 2012 DOCKET NUMBER: AR20110021403 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 her discharge documents from the U.S. Army Reserve (USAR) to show her rank as specialist four (SP4). 2. The applicant states she served in an active status in the USAR from 1982 to 1988 but due to harassment and abuse in her unit, she applied for a transfer which was denied. She then applied for a hardship discharge out of her unit to an inactive status that was fought by her superiors, so she stopped attending drills because she had no options. She claims she was eventually assigned to an inactive status. She states she was a SP4 at the time of her transfer to an inactive status but an error in the paperwork resulted in her documents showing she was a private first class (PFC). 3. The applicant provides: * Orders 1-1, issued by the 56th Materiel Management Center, Saint Paul, MN, dated 1 February 1986 * DARP Form 249 (Chronological Statement of Retirement Points), dated 5 July 1986 * Orders 67-24, issued by the 974th Personnel Service Company, Des Moines, IA, dated 18 August 1986 * Orders C-02-012080, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 10 February 1988 * Honorable Discharge Certificate, dated 17 February 1988 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 USAR on 18 February 1982. On 8 July 1983, the applicant entered initial active duty for training (IADT). She was trained in and awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist). On 15 August 1983, she was honorably released from active duty and returned to her USAR Troop Program Unit (TPU). 3. The applicant’s DA Form 2-1 (Personnel Qualification Record) shows she was advanced to PFC on 17 September 1983 and promoted to SP4 on 1 February 1986. Her Military Personnel Records Jacket (MPRJ) contains Orders 1-1, dated 1 February 1986, that promoted her to SP4 effective and with a date of rank of 1 February 1986. 4. The MPRJ also contains a DARP Form 249, dated 5 July 1986, that shows the applicant completed 2 years of qualifying service for retirement and accrued 174 retirement points between 18 February 1983 and 17 February 1986. This document lists the applicant’s rank as SP4. The MPRJ is void of any documents or orders that indicate the applicant was ever reduced to PFC subsequent to her advancement to SP4. 5. Orders 67-24, dated 18 August 1986, relieved the applicant from her TPU assignment and transferred her to the USAR Control Group (Annual Training), effective 2 August 1986. The standard name line (SNL) of these orders listed her rank as PFC. 6. Orders C-02-012080, dated 10 February 1988, directed the applicant’s honorable discharge from the USAR effective 17 February 1988. The SNL of these orders listed her rank as PFC. 7. The applicant provides an Honorable Discharge Certificate that shows she was honorably discharged from the USAR on 17 February 1988. This document lists her rank as PFC. 8. Army regulations provide for entering the rank held at the time of discharge on separation documents. At the time of the applicant’s discharge the DA Form 2-1 was the primary source record for separation document entries. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request to correct her discharge documents to show her correct rank of SP4 has been carefully considered and found to have merit. 2. The evidence of record confirms the applicant was promoted to SP4 on 1 February 1986, as evidenced by an entry on her DA Form 2-1 and promotion orders in the MPRJ. Absent any orders or other documents indicating the applicant was ever reduced by proper authority prior to her discharge from the USAR, it must be presumed the rank of PFC entered on her discharge documents was the result of administrative error. Therefore, it would be appropriate to correct her USAR discharge orders and her Honorable Discharge Certificate to show her rank as SP4. BOARD VOTE: ___x____ ___x_____ ____x___ 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: a. amending Orders C-02-012080, issued by the U.S. Army Reserve Personnel Center, St. Louis, dated 10 February 1988 to show her rank as SP4, and b. issuing her a new Honorable Discharge Certificate, dated 17 February 1983, that shows her rank as SP4. ___________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) AR20110021403 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021403 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1