RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 07 OCTOBER 2004
DOCKET NUMBER: AR2004102022
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Walter Morrison | |Chairperson |
| |Mr. Paul Smith | |Member |
| |Mr. Patrick McGann | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his record be corrected to show his rank
and pay grade as Private First Class (PFC), pay grade E-3, at the time he
was discharged.
2. The applicant states that he was a good Soldier who was schizophrenic.
Prior to his illness, he was being considered for promotion to pay grade E-
4. The doctor said that he was born with the illness, and the Army
"brought it out."
3. The applicant provided no evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 16 March 1977. The application submitted in this case is
dated 5 January 2004.
2. 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. This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the Army for three years on 28 October 1975,
completed training, and was assigned to Fort Knox, Kentucky as a supply
clerk. He was promoted to PFC on 20 April 1976.
4. On 15 July 1976 he received nonjudicial punishment under Article 15,
UCMJ (Uniform Code of Military Justice), and was reduced to Private, pay
grade E-2. On 16 July 1976 he received nonjudicial punishment and was
reduced to pay grade E-1.
5. On 28 July 1976 he departed sick to Ireland Army Hospital at Fort Knox.
On 18 August 1976 he was assigned as a patient to the medical holding
detachment of the hospital. On 7 September 1976 a Physical Evaluation
Board found that the applicant was physically unfit because of
schizophrenia, and recommended that he be separated from the service with a
10 percent disability rating. On 15 September 1976 he was assigned to
his home in Evansville, Indiana.
6. On 16 February 1977 a Department of the Army Ad Hoc Review Board
determined that the applicant served on active duty satisfactorily in the
rank and pay grade of PFC E-3, and that he was entitled to be separated
with severance pay in the grade of E-3.
7. On 3 March 1977 the Military Personnel Center directed that the
applicant be separated in grade E-3 with a 10 percent disability rating.
8. The applicant was discharged on 16 March 1977 because of his physical
disability. His DD Form 214 (Report of Separation from Active Duty) shows
his rank as PV1, pay grade E-3, with a date of rank of 20 July 1976.
DISCUSSION AND CONCLUSIONS:
The rank, pay grade, and date of rank on the applicant's DD Form 214 are
incorrect. That form should show that he was discharged on 16 March 1977
with the rank of PFC, pay grade E-3, and with a date of rank of 20 April
1976.
BOARD VOTE:
___WM__ ___PS __ __PM___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ ___ __ ___ __ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected to show that he was discharged on 16
March 1977 with the rank of PFC, pay grade E-3, and with a date of rank of
20 April 1976.
_____Walter Morrison_______
CHAIRPERSON
INDEX
|CASE ID |AR2004102022 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041007 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.02 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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