IN THE CASE OF:  

		BOARD DATE:  30 August 2016

		DOCKET NUMBER:  AR20150012637


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


		IN THE CASE OF:  

		BOARD DATE:  30 August 2016

		DOCKET NUMBER:  AR20150012637


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.


		IN THE CASE OF:  

		BOARD DATE:  30 August 2016

		DOCKET NUMBER:  AR20150012637


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 257A (General Discharge Certificate Under Honorable Conditions) be corrected to read private second class.

2.  The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 1 April 1994 shows his rank as "PV2" and his pay grade as "E-2." 

3.  The applicant provides:

* DD Form 257A
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Alabama non-driver identification card
* Department of Veterans Affairs (VA) identification card

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.  In the processing of this case the ABCMR was unable to obtain the applicant's military personnel service records from the National Personnel Records Center in St. Louis, MO.  The only military records available to the ABCMR were the 
DD Form 214 and DD Form 257A provided by the applicant, which are sufficient for the Board to conduct a fair and impartial review of this case.

3.  On 9 October 1990, he enlisted in the Regular Army.  

4.  On 1 April 1994, he was discharged.  His DD Form 214 contained the following entries:

* Item 4a (Grade, Rate or Rank) - "PV2" (private/pay grade E-2)
* Item 4b (Pay Grade) - "E-2"

5.  The applicant's DD Form 257A identifies him as a Private.

REFERENCES:

Army Regulation 600-20 (Army Command Policy), then in effect, provided guidance covering military discipline and conduct, precedence of rank, and the military Equal Opportunity Program.  Table 1-1 showed the grades of rank in the Army in order of their precedence or rank.  It indicated the grouping of grades into classes, pay grades, titles of address, and abbreviations.  For a Soldier whose grade of rank was private and his pay grade was E-2, the abbreviation was PV2 and he would be addressed as Private.

DISCUSSION:

In accordance with AR 600-20, then in effect, the applicant's rank in the grade of private/pay grade E-2 was abbreviated PV2 as shown on his DD Form 214.  The applicant was addressed as Private as shown on his DD Form 257A.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150012637



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150012637



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2