IN THE CASE OF: BOARD DATE: 27 April 2022 DOCKET NUMBER: AR20210013120 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 8 September 2001, to reflect her rank/pay grade as private first class (PFC)/E-3 instead of private (PV2)/E-2. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 227-1309, dated 15 August 2001 * DD Form 214 for the period ending on 8 September 2001 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states her rank/grade at the time she was discharged was PFC/E-3. Her DD Form 214 reads her rank/grade as PV2/E-2. She believes it should read correctly. 3. A review of the applicant's records shows the following: a. On 25 July 2000, the applicant enlisted in the Regular Army in the rank/grade of private (PVT)/E-1. b. On 6 July 2001, a Physical Evaluation Board (PEB) convened and found the applicant physically unfit and recommended her disposition be separation with severance pay, if otherwise qualified. Her rank on DA Form 199 (PEB Proceedings) shows her rank as PV2. c. Transition Processing Physical Disability Info Changing Record reflects the applicant's rank as PFC and highest grade held satisfactorily as E-3. d. On 15 August 2001, Orders Number 227-1309, issued by Headquarters, U.S. Army Training Center and Fort Jackson, SC, reassigned the applicant to the U.S. Army transition point for transition processing. The orders show the applicant's rank as PFC. e. On 8 September 2001, the applicant was honorably discharged from the Regular Army after completing 1 year, 1 month, and 14 days due to disability. DD Form 214, item 4a (Grade, Rate or Rank) shows her rank as PV2/E-2. f. The applicant's records are void of a DA Form 4187 (Personnel Action) promoting her to the rank of PFC. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the record is absent evidence that show the applicant was promoted to PFC/E-3 prior to her discharge. The record does not reflect a DA Form 4187 (Personnel Action) annotating she was promoted to E-3. The Board took into consideration the orders number 227-1309, issued by Headquarters, U.S. Army Training Center and Fort Jackson, SC, which reassigned the applicant to the U.S. Army transition point for transition processing. The Board noted the orders show the applicant's rank as PFC. However, without an approved DA Form 4187 the Board is unable to grant relief. Based on this, the Board denied relief. 2. The burden of proof rest on the applicant to provide additional supporting documentation that would support she was promoted to PFC/E-3. Therefore, the Board found insufficient evidence to support a correction of his record to show accurate r BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon release from active military service and 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. Source documents will consist of the enlisted record brief, separation order, and any other document authorized for filing in the official military personnel file. The instructions stated for item 4a and b, the preparer should enter the separating Soldier's active-duty grade or rank and pay grade at time of separation. 3. AR 600-8-19 (Enlisted Promotions and Reductions) provides when computing Time in Grade (TIG) for active duty, set at the time of entering current grade. Use active service of one or more days when computing TIG for promotion eligibility. Regular Army Soldiers who enlist in the Active Army, use basic active service date. For advancement to PFC, there is a 12–month TIS (6 months TIS may be waived) and a 4–month TIG (2 months may be waived) requirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013120 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1