BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150001523 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150001523 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. BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150001523 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 military records to show his rank/pay grade as private first class/E-3. 2. The applicant states: * his rank should be restored due to his diagnosis of post-traumatic stress disorder (PTSD) * he attained the rank/pay grade of private first class/E-3 * in May 1990, he was reduced to private two/E-2 * the demotion in rank was due to his unknown PTSD symptoms at the time * he is not asking for back pay, only reinstatement of his rank/pay grade to private first class/E-3 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 27 July 1988 for a period of 2 years. 3. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows: * he was appointed to the rank/pay grade of private first class/E-3 effective 1 January 1990 * he was reduced to the rank/pay grade of private two/E-2 effective 8 May 1990 4. The reason for his reduction from private first class/E-3 to private two/E-2 is not contained in the available records. 5. On 26 July 1990, he was honorably released from active duty by reason of expiration term of service. 6. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 July 1990 shows his rank/pay grade as private two/E-2. 7. He enlisted in the Army National Guard on 9 August 1990 for a period of 5 years in pay grade E-2. He was ordered to active duty on 7 December 1990. On 24 July 1991, he was honorably discharged by reason of physical disability with severance pay. 8. His DD Form 214 for the period ending 24 July 1991 shows his rank/pay grade as private two/E-2. 9. On 24 July 1991, he was honorably discharged from the Army National Guard for being medically unfit for retention. 10. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his rank/pay grade as private two/E-2. 11. There is no evidence showing he attained the rank/pay grade of private first class/E-3 after 8 May 1990. 12. There is no evidence and he provided no evidence showing he was diagnosed with PTSD or any other mental health condition. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It also established standardized policy for preparation of the DD Form 214. The instructions for item 4a stated to enter the active duty rank at the time of separation. DISCUSSION: 1. The applicant contends his rank/pay grade should be restored to private first class/E-3 due to his PTSD diagnosis. However, there is no evidence and he provided no evidence showing he was diagnosed with PTSD or any other mental health condition. 2. The evidence of record shows he was serving in the rank/pay grade of private two/E-2 at the time of his separations in 1990 and 1991. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150001523 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2