IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017116 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: 13 April 2017 DOCKET NUMBER: AR20150017116 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: 13 April 2017 DOCKET NUMBER: AR20150017116 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 he was separated in the rank and pay grade of specialist (SPC)/E-4. 2. The applicant states he was advanced to the rank of SPC in 1997 and he was honorably discharged in that rank. His records show his appropriate rank but his DD Form 214 is incorrect. 3. The applicant provides a copy of a document entitled "Department of Defense (DOD)) Military Service Information," updated on 18 March 2015. 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 19 July 1994. He completed his initial entry training and was awarded military occupational specialty (MOS) 16S (Man Portable Air Defense System (MANPADS) Crewmember). The highest rank/grade he attained during his period of active service was specialist (SPC)/E-4. 3. A review of the applicant's official military personal file reveals no promotion or reduction orders. 4. Permanent Orders 15-31, issued by the 82nd Personnel Services Battalion, Fort Bragg, NC on 30 May 1997, awarded the applicant the Army Good Conduct Medal (AGCM) for the period of service from 19 July 1994 to 18 July 1997. These orders show his rank as SPC. 5. Orders 330-0261, issued by the 82nd Soldier Support Battalion, Fort Bragg, NC on 26 November 1997, reassigned the applicant to the U.S. Army Transition Center, Fort Bragg, NC effective 21 November 1997, and ordered his release from active duty effective 26 November 1997. These orders show his rank/grade as private (PV1)/E-1 6. The applicant's DD Form 214 shows he was honorably released from active duty on 26 November 1997, by reason of completion of required active service. His DD Form 214 shows in: * Item 4a (Grade, Rate, or Rank), the entry "PV1" * Item 4b (Pay Grade), the entry "E-1" * Item 12h (Effective Date of Pay Grade), the entry "1997 10 28," which represents his date of rank to PV1 7. The applicant's record is void of any derogatory documentation or nonjudicial punishment. 8. The applicant provides a copy of a document entitled "DD Military Service Information" updated 18 March 2015. It shows his regular active service in the Army from 19 July 1994 to 28 November 1997 with an honorable character of service and the rank of "CPL" (corporal). REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. It is not an investigative agency. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. 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 preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions stated for: * item 4, the preparer should enter the separating Soldier's active duty grade or rank and pay grade at time of separation * item 12h, the preparer should enter the separating Soldier's effective date of promotion to the current pay grade from the most recent promotion order (or reduction instrument) DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show he was separated in the rank/grade of SPC/E-4 was carefully considered. 2. The applicant contends he was promoted to SPC in 1997 and he held that rank throughout the completion of his period of active service. His record contains orders that awarded him the AGCM; these orders show he was a serving in the rank of SPC at the time the orders were published. He provides a document entitled "DOD Military Service Information" that shows his rank as CPL; however, the input data and sources are unknown and the document's validity cannot be confirmed. 3. Notwithstanding the applicant's sincerity and the fact that his record is void of a reduction documentation, discharge orders were published releasing him from active duty in the rank/grade of PV1/E-1. Item 12h of his DD Form 214 shows his effective date of pay grade (E-1) was 28 October 1997, about a month prior to his expiration term of service date. 4. It would be reasonable to conclude that during the period following his award of the AGCM (as a SPC) and prior to his release from active duty, actions or events occurred that resulted in his reduction to the rank/grade of PV1/E-1 on 28 October 1997. Unfortunately, there is no evidence in his record documenting his reduction; however, there is a presumption of administrative regularity in the conduct of governmental affairs. 5. The applicant has failed to provide compelling evidence that confirms the rank/grade on his DD Form 214 is in error or unjust. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017116 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017116 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2