IN THE CASE OF: BOARD DATE: 16 March 2022 DOCKET NUMBER: AR20210013574 APPLICANT REQUESTS: * Payment of her reenlistment bonus in the U.S. Army Reserve * Update of her records to show her rank/grade of specialist (SPC)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 stated she was honorably discharged from full time Army and Army Reserve. She reenlisted in the Reserves and did not receive the reenlistment bonus nor were her military file updated to promotion to E-4. Her reenlistment code is high and she is not a private first class (PFC) but an E-4. She thinks she also got a pay check for E-4 it went to her sister . She did not get it. 3. A review of the applicant’s service records shows: a. She enlisted in the Regular Army on 24 July 1980. She served in Germany from February 1981 to August 1982. She was advanced to private first class (PFC)/E-3 on 24 July 1981. b. She was honorably released from active duty in the rank of PFC, due to pregnancy on 29 October 1982 under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Chapter 8. She was transferred to the USAR (Control Group). She completed 2 years, 3 months, and 6 days of active service this period. Item 12h (Effective Date of Pay Grade) shows 24 July 1981. c. Her file is void of a DD Form 4 (Enlistment/Reenlistment Document) for her enlistment in the New York Army National Guard (NYARNG). d. Other evidence (NGB Form 22 (Report of Separation and Record of Service)) shows she enlisted in the NYARNG on 11 June 1983. e. She was honorably released from the NYARNG on 25 July 1983 for enlistment in the Georgia Army National Guard (GAARNG). Her NGB Form 22 also shows her pay grade as E-3 with a date of rank (DOR) of 24 July 1981. f. Her file is void of a DD Form 4 for her enlistment in the GAARNG. Other evidence (NGB Form 22) shows she enlisted in the GAARNG on 26 July 1983. g. She was honorably released from the GAARNG on 19 November 1984. Her NGB Form 22 shows her rank as PFC/E-3 with a DOR of 24 July 1981. h. She again enlisted in the NYARNG on 20 November 1984 in the pay grade E-3. There are no remarks under agreements. i. Her DA Form 2-1 (Personnel Qualification Record) shows in block 18 (Appointments and Reductions), she was promoted in the Army National Guard (ARNG) to SPC on 860101 and reduced to PFC on 860501. j. Orders 4-2, issued by NYARNG on 13 May 1986, shows she was reduced from SPC/E-4 to PFC/E-3 due to misconduct (absent without leave) with an effective date of 1 May 1986. The authority for this reduction was National Guard Regulation (NGR) 600- 200 (Enlisted Personnel Management), paragraph 6-32. k. She was released from the NYARNG on 1 July 1986, under honorable conditions for unsatisfactory participation. She was transferred to USAR Control Group (Annual Training) for completion of 22 days of statutory obligation. Her NGB Form 22 shows her rank as PFC E-3 with a DOR of 1 May 1986. l. Orders D-12-092570, issued by USAR Personnel Center, St. Louis, MO, on 24 December 1986, shows she was honorably discharged from the Ready Reserve on 24 December 1986 in the rank of PFC. m. The applicant’s records are void of any bonus addendum nor did the applicant provide any. n. The applicant's record is also void of any documents, and she provides none, to show she was promoted back to SPC/E-4 after her May 1986 reduction to PFC. 4. By regulation, (AR 15-185) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. 5. By regulation, (NGR 600-200) chapter 6 sets the policies, standards, and procedures for the separation of enlisted Soldiers from the ARNG/ARNGUS. Paragraph 6-32 contains notification and administrative board procedures. 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 applicant’s record is absent evidence that shows she was promoted back to SPC/E-4 after she was reduced in rank to PFC. The Board found insufficient evidence to support the applicant’s contention regarding any payment of a reenlistment bonus. Based on this the Board determined relief was not warranted and denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s service records, they agreed the burden of proof rest on the applicant, however, she did not provide any supporting documentation and her service record has insufficient evidence to support the applicant contentions for payment of her reenlistment bonus in the U.S. Army Reserves or updating her records to show her rank/grade of specialist (SPC)/E-4. 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, United States 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 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. National Guard Regulation 600-200 (Enlisted Personnel Management) chapter 6 sets the policies, standards, and procedures for the separation of enlisted Soldiers from the ARNG/ARNGUS. Paragraph 6-32 contains notification and administrative board procedures. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013574 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1