IN THE CASE OF:	   

		BOARD DATE:	  19 January 2016

		DOCKET NUMBER:  AR20150006780 


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 his rank on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to specialist 4 (SP4) (E-4).

2.  The applicant states his rank is SP4 not private first class (PFC) (E-3).

3.  The applicant provides a copy of a DA Form 2139 (Military Pay Voucher) for his 20 September 1983 Final-Separation Pay.

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 served on active duty from 24 September 1980 through 20 September 1983. 
 
3.  His record contains orders advancing him to private 2 and PFC but not to SP4.
4.  A DA Form 428 (Application for Identification Card (ID))) shows the applicant was issued a new ID card on 25 May 1983 in the rank of SP4.  The date of application for the ID card was 20 May 1983.

5.  The pay voucher shows the applicant was paid as an SP4 (E-4) for the period 
1-20 September 1983.

6.  The applicant's DD Form 214 shows his rank as PFC (E-3).

DISCUSSION AND CONCLUSIONS:

1.  The applicant appears to have been advanced to SP4 (E-4) on or about 20 May 1983 and was paid in that rank until his separation on 20 September 1983.

2.  There is no evidence that the applicant was reduced to PFC after the issuance of his ID card as documented by his pay records.  It would be appropriate to correct the applicant's records as noted below.

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 amending his 
DD Form 214 to show his rank and pay grade as SP4, E-4.



      _______ _   _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)                                         AR20150006780



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ABCMR Record of Proceedings (cont)                                         AR20150006780



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