IN THE CASE OF: 
BOARD DATE: 3 March 2023 
DOCKET NUMBER: AR20220008328 


APPLICANT REQUESTS:  correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 27 August 1987 to show the rank/grade of specialist (SPC)/E-4.   

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•DD Form 214, ending on 27 August 1987



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states she was an E-4 when discharged. Her DD Form 214 says E-1which is the grade she had when she entered the Army. It just needs updating to herlast pay grade.

3.A review of the applicant's military records show the following:

a.On 6 November 1986, DA Form 2-1 (Personnel Qualification Record – Part II)shows the applicant enlisted in the U.S. Army Reserve (USAR).  

b.Orders Number 218-11 issued by Shreveport Military Entrance ProcessingStation, Shreveport, LA, ordered the applicant to Initial Active Duty for Training (IADT) with a report date of 24 March 1987. Her rank/grade was listed as private (PVT)/E-1.   

c.On 27 August 1987, the applicant was honorably released from IADT andtransferred to her USAR unit. DD Form 214 shows she completed 5 months and 24 days net active service this period. Item 4a (Grade, Rate or Rank) shows PVT, and item 12h (Effective Date of Pay Grade) shows 6 November 1986.   











d.Orders Number 091-009 published by Headquarters, 412th Engineer Command,Vicksburg, MS, promoted the applicant to the rank/grade of private first class (PFC)/E-3, effective on with a date of rank of 8 February 1988.  e.Orders Number D-11-495834 issued by the USAR Personnel Center, St. Louis,MO, honorably discharged the applicant from the USAR, in the rank/grade of PFC/E-3, effective 8 November 1994.  f.The applicant's records are void of orders returning her to an active status for aperiod greater than 90 days beyond the period of service covered by her DD Form 214 ending on 27 August 1987. 4.The applicant did not provide, nor did her record contain evidence that she waspromoted/advanced to the rank/grade of SPC/E-4.BOARD DISCUSSION: After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered applicant’s contentions, military record and regulatory guidance. The Board found insufficient evidence that she had been recommended for or obtained the rank of SPC-/E4. Additionally, based upon the applicant's DD Form 214 having an end date of 27 August 1987, and all promotions from Private E1 occurred after that date (while the applicant was serving in a USAR status), the Board concluded the rank on the applicant's DD Form 214 was correctly reflected as Private/E1. 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.






Microsoft Office Signature Line...
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 militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.Army Regulation (AR) 15–185 (ABCMR) prescribes the policies and procedures forcorrection of military records by the Secretary of the Army, acting through the ABCMR.In pertinent part, it states that the ABCMR begins its consideration of each case with thepresumption of administrative regularity. The applicant has the burden of proving anerror or injustice by a preponderance of the evidence. The ABCMR will decide casesbased on the evidence of record. It is not an investigative agency.

3.AR 635-5 (Separation Documents) in effect at the time prescribes the separationdocuments which are prepared for individuals upon retirement, discharge, or releasefrom active military service or control of the Army. It establishes standardized policy forpreparing and distributing DD Form 214 (Certificate of Release or Discharge from ActiveDuty). In pertinent part, it states:

 a.  A DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. A DD Form 214 will not be issued unless there is a period of active service greater than 90 days or if less than 90 days resulting in award of a military occupational specialty. 
 
 b.  The following provides detailed instructions for completing each block of the DD Form 214. For block 4a (Grade, Rate, or Rank), enter active duty grade of rank and pay grade at time of separation. For block 12h (Effective Date of Pay Grade), enter the effective date of promotion to pay grade.      
 
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