Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 199709080C070209
Original file (199709080C070209.TXT) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


	IN THE CASE OF:   
	

	BOARD DATE:        10 November 1998      
	DOCKET NUMBER:   AC97-09080


	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  


Member


	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including advisory opinion, 
	            if any)

APPLICANT REQUESTS:  In effect, adjustment of his retired rank to reflect Sergeant Major (SGM), pay grade E-9.   

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted into the Army in September of 1942, served in the Pacific Theater of Operations during World War II, served in four campaigns during that war, and received numerous awards including the Asiatic Pacific Service Medal, the Good Conduct Medal, the Philippine Liberation Ribbon with 
2 bronze service stars, and one bronze service arrowhead.  He was separated on 16 September 1945.  

The applicant reenlisted in the Army, served in various locations throughout the world, to include tours of duty in Germany, Korea, and Vietnam.  He received numerous other awards to include the Korean Service Medal, the Presidential Unit Citation, the Armed Forces Expeditionary medal, and seven awards of the Good Conduct Medal.  He was promoted to the rank of Master Sergeant, pay grade E-8 on 1 July 1960.  The applicant retired on 30 April 1965 and was transferred to the Retired Reserve.  He had 20 years, 1 month, and 9 days of service. 

On 15 February 1966 the applicant was notified that his request for recall to active duty was not favorably considered because he was not qualified in one of the skills for which recall was authorized.

He made application again, requesting recall under the provisions of Army Regulation 601-250.  His request was approved and he was ordered to active duty on 1 February 1968.  He served in Vietnam, Korea, Germany, and Vietnam again prior to his release from active duty on 8 February 1971.  He reverted to his retired status with the rank of Master Sergeant E-8.


Army Regulation 601-250, then in effect, establishes the application for recall program for retired enlisted personnel which was designed to provide a means whereby nondisabled retired enlisted personnel could apply for recall to active duty.  Paragraph 7c of that regulation states, in pertinent part, that to be eligible for promotion to pay grade E-7, E-8, or E-9, personnel recalled must have sufficient time remaining in their period of obligation to insure a minimum of 
2 years service in the grade by the completion date of their obligation.  Extension of tours may be requested to meet this 2-year service obligation.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the DA Deputy Chief of Staff for Personnel.  An official of that agency stated that soldiers recalled to active duty were required to have a minimum of two years remaining on their service obligation to be eligible for SGM promotion consideration.

The first centralized SGM board convened on 14 October 1968 and considered soldiers who were on a local order of merit list as of 31 July 1968.  The applicant was not listed as being on a local list and therefore was not considered for SGM by the 1968 board.  The 1969 SGM board convened on 3 March 1969 and the 1970 SGM board convened on 17 November 1970.  The applicant did not have the required two years service remaining on his tour to be eligible for consideration by either board.  Because the applicant failed to meet the eligibility requirements for the aforementioned boards, the DA DCSPER recommended that the applicant’s request be denied.
 
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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 8 February 1971, the date of his release from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 8 February 1974.

The application is dated 29 May 1996 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.


DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__CMF___  __INW__  __CMF__  CONCUR WITH DETERMINATION




		Loren G. Harrell
		Director

Similar Decisions

  • ARMY | BCMR | CY1997 | 199709080

    Original file (199709080.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. On 15 February 1966 the applicant was notified that his request for recall to active duty was not favorably considered because he was not qualified in one of...

  • ARMY | BCMR | CY2010 | 20100018649

    Original file (20100018649.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. DISCUSSION AND CONCLUSIONS: Although evidence in the applicant's service personnel records shows that he served a tour of duty in Thailand with the 501st Field Depot, there is no evidence nor did he provide any evidence...

  • ARMY | BCMR | CY2007 | 20070017029

    Original file (20070017029.txt) Auto-classification: Approved

    Item 33 (Appointments and Reductions) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant’s last appointed grade was “staff sergeant major” [SSM/E-9 (P)] in accordance with the Department of the Army Message 864767, dated 20 May 1968. Therefore, the applicant's rank at the time of his retirement was that of a Staff Sergeant Major (SSM) and this rank is correctly shown on his records. With respect to the applicant's rank at the time of entry into the period of...

  • ARMY | BCMR | CY2014 | 20140006308

    Original file (20140006308.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 4 December 2014 DOCKET NUMBER: AR20140006308 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Recently, the Department of the Army assisted him in obtaining 8 awards, including the Silver Star, earned in Vietnam. A centralized promotion system has been in effect for promotion of enlisted Soldiers since 1 January 1969 for SGM, 1 March 1969 for MSG, and 1 June 1970 for SFC.

  • ARMY | DRB | CY2005 | 20050011146

    Original file (20050011146.doc) Auto-classification: Denied

    The certificate he provided that shows he was appointed a CSM by a captain on 10 March 1967, and the award orders he submitted that show his rank as CSM in the standard name lines do not support a conclusion that he was selected for entrance into the CSM program by a properly constituted DA selection board, which was necessary to support a lateral appointment from SGM to CSM at the time. The evidence of record confirms the applicant was processed for retirement and placed on the Retired...

  • ARMY | BCMR | CY2005 | 20050005978C070206

    Original file (20050005978C070206.doc) Auto-classification: Denied

    The applicant requests, in effect, that his records be corrected to show he was promoted to Sergeant Major (SGM), E-9. In June 2000, the applicant requested the ABCMR correct his records to show he was promoted to SGM, E-9 and to be advanced to the highest grade held on the retired list. The applicant's Senator may have misunderstood what the applicant was requesting as, since the applicant was promoted to MSG, E-8 in December 1965 and held that rank for almost 3 years, it is inconceivable...

  • ARMY | BCMR | CY2015 | 20150012657

    Original file (20150012657.txt) Auto-classification: Approved

    Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. His DD Form 214 covering the period 23 June 1959 to 4 October 1962 listed the Armed Forces Expeditionary Medal as an authorized award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the following awards...

  • ARMY | BCMR | CY2010 | 20100020072

    Original file (20100020072.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was laterally appointed/promoted to command sergeant major (CSM)/pay grade E-9. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 2 (Grade) - "SGM E9"; b. item 3 (Date of Rank) - "23 Nov 66" (i.e., 23 November 1966); c. item 22 (Military Occupational Specialties [MOS]) he was awarded primary MOS 13Z5O and secondary MOS 15E5O (Pershing Missile Crewman) on 23 November 1966; d. item 33 (Appointments and...

  • ARMY | BCMR | CY2010 | 20100025920

    Original file (20100025920.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his dates of service in Vietnam, specifically during the Tet Counteroffensive Campaign which was conducted between 30 January 1968 and 1 April 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 30 of his DD Form 214 to add "SERVICE IN USARPAC (VIETNAM) BETWEEN 17 JANUARY 1966...

  • ARMY | BCMR | CY2009 | 20090014304

    Original file (20090014304.txt) Auto-classification: Denied

    The applicant states, in effect, he does not believe the Army Discharge Review Board (ADRB) considered the Army Commendation Medal (ARCOM) or the personal problems he was experiencing at the time when it reviewed his discharge upgrade request. The applicant provides an award certificate that shows he was awarded the ARCOM for meritorious service in the RVN from June 1967 through May 1968 and a discharge review checklist that indicates individual awards and personal problems were identified...