IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010111 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010111 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from items 4a and 4b of his DD Form 214 the entries "PV1" and "E-1" and replacing them with the entries "PFC" and "E-3" * deleting from item 12i of this form the entry "4 November 2011" and replacing it with the entry "6 June 2012" * adding to item 13 of this form the Parachutist Badge * adding to item 14 of this form the entry "Basic Airborne Course, 3 weeks, 2012" 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of items 4a and 4b of this form to show the entries "SPC" and "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. IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010111 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * Item 4a (Grade, Rate, or Rank) – specialist (SPC) * Item 4b (Pay Grade) – E-4 2. The applicant states his DD Form 214 incorrectly lists his rank/pay grade as private (PV1)/E-1. This form also does not mention his airborne certification. He completed the Jump School in 2012. 3. The applicant provides copies of his 2014 Leave and Earnings Statement (LES) and Orders Number 279-010. 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 the cases 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. 2. The applicant enlisted in the Texas Army National Guard (TXARNG), in pay grade E-1, on 4 November 2011, 8 years. He entered on active duty for training (ADT) on 29 May 2011. He completed advanced individual training (AIT) and he was awarded military occupational special 11C (Indirect Fire Infantryman). 3. His records contain: * DA Form 4187 (Personnel Action), dated 6 June 2012, in which the TXARNG advanced him to the rank/pay grade of private first class (PFC)/E-3 effective 1 June 2012, based on his completion of 57 colleges semester hours * Permanent Orders (PO) Number 285-3094, dated 11 October 2012, awarding him the Parachutist Badge upon completion of Airborne training * Airborne Course diploma, dated 19 October 2012, showing he successfully completed the course at Fort Benning, GA 4. The Army released him from ADT on 19 October 2012 and transferred him back to the TXARNG. His DD Form 214 lists in: * Item 4a – PV1 * Item 4b – E-1 * Item 12i (Effective Date of Pay Grade) – 4 November 2011 * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the National Defense Service Medal and Army Service Ribbon * Item 14 – Indirect Fire Infantryman (11C), 12 Weeks, 2012 5. His record is void of orders promoting him to the rank/pay grade of SPC/E-4. However, the Soldier Management System, located on the Army Human Resources Command Integrated Web Service, shows his date of rank for E-4 as 4 November 2013. 6. He provides: * LES, dated 23 May 2014, showing he received Parachute Hazardous Duty Incentive Pay for 9, 10, and 11 May 2014; the LES shows his pay grade as E-3 * Orders Number 279-010, issued by the TXARNG on 4 October 2014, honorably discharging him effective 31 August 2014; the orders list his rank as SPC REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 is prepared for all personal at the time of their retirement, discharge, or release from active duty. A DD Form 214 would be prepared for Reserve Component Soldiers completing initial ADT that resulted in the award of a MOS, even when the active duty period was less than 90 days. That included completion of AIT. The regulation stated for: * Items 4a and 4b – list the active duty rank/pay grade at the time separation * Item 12i – list the effective date of the pay grade from the most recent promotion order * Item 13 – list all awards and decorations for all periods of service * Item 14 – list formal in-service training courses successfully completed during the period of service covered by the DD Form 214 DISCUSSION: 1. With respect to items 4a and 4b of the applicant's 2012 DD Form 214: a. He enlisted in the TXARNG in pay grade E-1 on 4 November 2011. He entered on ADT in the same grade. While in training, the TXARNG advanced him to E-3 via a DA Form 4187 effective 6 June 2012. The Army released him from ADT on 19 October 2012 upon completion of AIT. His DD Form 214 lists his rank/grade as PVT1/E-1. The DA Form 4187 is accepted as sufficient evidence to correct this DD Form 214 to show his rank/grade as "PFC/E-3," with an effective date of 6 June 2012. b. He was promoted to the rank/grade of SPC/E-4 in 2013, after his release from ADT. There is no evidence of record and he provided none showing he was promoted to that rank during the period covered by the 2012 DD Form 214. There is insufficient evidence to correct this form to show his rank/grade as "SPC/E-4." 2. With respect to item 14 of his DD Form 214, the Airborne Course diploma is sufficient to correct this form to show the "Basic Airborne Course, 3 Weeks, 2012." 3. PO awarded him the Parachutist Badge during his period of active duty. His DD Form 214 does not list this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010111 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010111 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2