IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160018923 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: 15 August 2018 DOCKET NUMBER: AR20160018923 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: 15 August 2018 DOCKET NUMBER: AR20160018923 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) for the period ending 25 April 1997 to show in item 4b (Pay Grade) the entry " E-4" instead of "E-2" and in item 12a (Date Entered Active Duty This Period) the entry "19950601" instead of "19960326." 2. The applicant states he was held over at Fort Leonard Wood in June 1995 before being sent to Fort Shafter. He further states he was discharged in pay grade E-4. 3. The applicant provides a copy of his DD Form 214 for the period ending 25 April 1997. 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's records contain: a. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows he enlisted in the Army National Guard (ARNG) on 22 March 1991. He was released from the ARNG on 17 June 1992. b. NGB Form 22 which shows he enlisted in the ARNG on 8 February 1995. He was honorably released from the ARNG in the rank/grade of specialist/E-4 on 25 March 1996, to enlist in the Regular Army (RA). 3. Having 3 months and 2 days prior active service in the ARNG, the applicant enlisted in the RA on 26 March 1996. His records contain DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) which confirms he enlisted in the RA on 26 March 1996 in pay grade E-2. 4. He was honorably released from active duty in the rank/grade of private/E-2 on 25 April 1997. 5. His records are void of evidence and he did not provide any evidence which show he was promoted to pay grade E-4 while serving on active duty during the period 26 March 1996 through 25 April 1997. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's contention that his DD Form 214 for the period ending 25 April 1997, should be corrected to show he entered active duty on 1 June 1995 and that he was released from active duty in pay grade E-4 has been carefully examined. 2. The applicant's enlistment contract clearly shows he enlisted in the RA on 26 March 1996. He provides no evidence, which would contradict the date listed on his enlistment contract which is reflected in item 12a of his DD Form 214. 3. His records are void of evidence and he did not provide any evidence which show he was promoted to pay grade E-4 while serving on active duty during the period 26 March 1996 through 25 April 1997, the inclusive dates of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018923 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018923 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2