IN THE CASE OF: 

		BOARD DATE:  13 December 2012

		DOCKET NUMBER:  AR20120010648 


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 his rank/grade as private/E-2 (PV2) instead of private/E-1 (PV1).

2.  The applicant states he was promoted while in the reserves from 1992-1999.

3.  The applicant did not provide any additional documentation.

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 13 August 1991.  He completed training and he was awarded military occupational specialty (MOS) 11B (Infantryman).
3.  His DA Form 2-1 (Personnel Qualification Record) shows his grade as PV1 effective 13 August 1991.

4.  On 16 January 1992, the applicant was released from active duty (REFRAD) because he did not meet procurement medical fitness standards with no disability.  He had completed 5 months and 4 days of net active service.  His DD Form 214 shows his rank and pay grade as PV1/E-1.

5.  There is no available evidence to show he was promoted to PV2/E-2 prior to his release from active duty.

6.  Headquarters, 88th Regional Support Command Orders 96B-086-04, dated 26 March 1996, show he was released from the 411th Quartermaster Company, Scottsburg, Indiana, effective 15 April 1996, and transferred to the U.S. Army Reserve Personnel Center (ARPERCEN) (Annual Training).  These orders show his rank as PV2.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military (emphasis added) service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  For item 5b (Pay Grade), enter the pay grade in which serving at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence he was promoted to PV2 prior to his REFRAD on 16 January 1992.  In his application he states he was promoted while in the reserves from 1992-1999.  

2.  Therefore, there is no basis for correction of the applicant's DD Form 214.

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)                                         AR20100020523



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ABCMR Record of Proceedings (cont)                                         AR20120010648



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