IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160004683 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. 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: 9 January 2018 DOCKET NUMBER: AR20160004683 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :GLK :MDE :BBW DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160004683 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 reflect his promotion to the rank/grade of private first class (PFC)/E-3. 2. The applicant states he was promoted to the rank/grade of PFC/E-3 days before his discharge and this must have been overlooked in error. He never previously noticed his rank was incorrect on his DD Form 214. 3. The applicant provides: * DD Form 214 * Department of Defense/Uniformed Services Identification and Privilege 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. The applicant enlisted in the U.S. Army Reserve in the rank/grade of private/E-1 on 12 June 2008. 3. His DD Form 214 shows he entered active duty for training on 14 August 2008. 4. A DA Form 4187 (Personnel Action), dated 20 August 2008, shows he was advanced to the rank/grade of private two (PV2)/E-2 effective 20 August 2008. 5. A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 13 November 2008, shows he injured his hip, knee, and heel while serving on active duty for training at Fort Leonard Wood, MO. It shows he completed basic combat training and completed the first 2 weeks of advanced individual training when he complained of hip, knee, and heel pain at multiple sick call visits. His pay grade is shown on this form as E-1. 6. His Enlisted Record Brief, dated 12 March 2009, shows his rank as PV2 and his date of rank as 20 August 2008. 7. Section IV (Acknowledgement), item A1 (Soldier's Typed or Printed Name and Rank), of his DA Form 5893 (Soldier's Medical Evaluation Board/Physical Evaluation Board Counseling Checklist), dated 7 April 2009, shows his pay grade as E-2. 8. A Physical Disability Information Report, dated 17 April 2009, likewise shows his rank/grade as PV2/E-2. 9. U.S. Army Maneuver Support Center and Fort Leonard Wood Orders 113-1314, dated 23 April 2009, discharged him from the U.S. Army Reserve effective 24 April 2009. His rank is shown as PV2. The additional instructions specify his percentage of disability as 10 percent; he was authorized disability severance pay in pay grade E-2 based on 0 years, 8 months, and 11 days of service as computed under section 1208 of Title 10, U.S. Code; and he was eligible for severance pay computation based on 3 years of service in accordance with section 1646 of the National Defense Authorization Act of 2008. 10. His DD Form 214 shows he was honorably discharged on 24 April 2009 due to non-combat-related disability with severance pay. Item 4a (Grade, Rate, or Rank) shows his rank as PV2. Item 4b (Pay Grade) shows his grade as E-2. He was credited with 8 months and 11 days of net active service during this period with 2 months and 2 days of prior inactive service. 11. He provided a copy of his Department of Defense/Uniformed Services Identification and Privilege Card issued on 25 April 2009 with an expiration date of 21 October 2009. His status is shown as "TA-180 [Transitional Assistance Management Program benefits for 180 days]." His grade is shown as E-3. REFERENCES: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel and applies to the Active Army, Army National Guard/Army National Guard of the United States, and U.S. Army Reserve. a. Chapter 2 governs the decentralized promotion system for promotions to specialist and below. Date of entry on initial entry training will be used for U.S. Army Reserve Soldiers to determine time in service for advancement to PV2 and higher grades for non-prior service Soldiers. b. Eligibility criteria for automatic promotion to PFC requires 12 months of time in service and 4 months of time in grade. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. a. It stipulates that the DD Form 214 is a summary of a specific period of active duty service. b. There are no provisions allowing for the addition of achievements accomplished subsequent to the period covered by a DD Form 214. c. Instructions for completing item 4 state to enter the active duty grade or rank and pay grade at the time of separation from the Enlisted Record Brief of Officer Record Brief. DISCUSSION: 1. The applicant's records show he was advanced to the rank/grade of PV2/E-2 effective 20 August 2008. 2. There is no evidence in his service records indicating he was ever advanced to PFC/E-3. His Enlisted Record Brief, discharge orders, and his DD Form 214 show his rank/grade at the time of his discharge as PV2/E-2. 3. At the time of his discharge on 24 April 2009, he was credited with 8 months and 11 days of net active service with 2 months and 2 days of prior inactive service, falling short of the regulatory 12-month time-in-service requirement for promotion to PFC/E-3. 4. The Department of Defense/Uniformed Services Identification and Privilege Card he provided showing his grade as E-3 was issued on 25 April 2009, the day after his discharge, and solely for purposes of receiving 180 days of Transitional Assistance Management Program benefits. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004683 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004683 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2