| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Mr. Eric N. Andersen | Member | |
| Mr. Thomas E. O'Shaughnessy | Member |
APPLICANT REQUESTS: In effect, that his records be corrected to show that he was commissioned as a lieutenant or, in the alternative, that he was promoted to pay grade E-7 while he was in the Regular Army, and that he be given retroactive proficiency pay. He would also like a waiver of the age limit for reentry on active duty and be allowed to reenter active duty in a commissioned status, or in pay grade E-7. He also requests compensation by the Department of Veterans Affairs (DVA) for brain damage and physical injuries he incurred in a Jeep accident, as well as compensation for the loss of his teeth.
APPLICANT STATES: He had one year of college while on active duty and later received a masters degree. He was offered a commission while in basic combat training. He also states that his records were falsified to make him look bad because he wouldn’t permit shoddy work and would not violate safety rules and regulations, which was the standard practice of his peers and superiors. The applicant states that his request applies to his service in the Regular Army, the Army National Guard (ARNG) and the Air National Guard (ANG), but does not specify which correction applies to which service.
EVIDENCE OF RECORD: The applicant's military records show:
He entered on active duty in pay grade E-1 on 26 May 1958. At that time, he stated that he had completed 8 years of grammar school and 4 years of high school. He stated that he had not attended any college courses.
While in BCT he completed a statement of intent in which he stated that “The Army Officer Candidate Program has been fully explained to me, including the procedures for applying under the provisions of AR 350-50. I do not desire to make application during my basic training (first 16 weeks).”
He was awarded the military occupational specialty of petroleum laboratory specialist and was promoted to pay grade E-5.
On 28 April 1961, the applicant was honorably released from active duty and transferred to the Army Reserve Group.
The applicant’s military records do not contain any evidence of him performing service in the ARNG or ANG.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant was given the opportunity to apply for Officer Candidate School (OCS) and declined that option. There is no basis to commission him without his having completed OCS, and there is no reason to give him another opportunity to attend OCS at this late date.
2. The applicant was promoted to pay grade E-5 with less than 3 years of service, which is considered rapid promotion. The Board notes that the applicant did not have any college at the time of his enlistment. The level of education is only taken into consideration in determining the pay grade in which a soldier is enlisted. Education is not used for non-competitive promotions subsequent to enlistment.
3. In view of the preceding conclusions, there would be no reason to grant the applicant’s request to grant him a waiver to reenter active duty.
4. As for the applicant’s request that he be given retroactive proficiency pay, he has not submitted any evidence which would show that he was entitled to proficiency pay.
5. The Board cannot address the applicant’s requests that pertains to his service in the ARNG since those records could not be located.
6. The applicant’s requests pertaining to DVA benefits and his ANG service must be addressed to the DVA and the Air Force, respectively.
7. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___rvo___ ___ena__ ____teo _ DENY APPLICATION
| CASE ID | AR2001058752 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010927 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.09 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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