RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 OCTOBER 2005
DOCKET NUMBER: AR20050000645
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Mr. James Vick | |Chairperson |
| |Mr. Conrad Meyer | |Member |
| |Ms. Linda Barker | |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 records and retired pay be corrected to
reflect his correct date of entry into the Army.
2. The applicant states that his date of entry into the Army was 15 May
1974 and it was not considered or adjusted at the time of his retirement.
3. The applicant provides a copy of orders adjusting his Basic Enlisted
Service Date (BESD).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 August 1995. The application submitted in this case is
dated 6 December 2004 and was received on 5 January 2005.
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. He enlisted in the pay grade of E-3 in El Paso, Texas, on 7 January
1975, for a period of 3 years, assignment to Fort Lewis, Washington, and
classification as a Rough Terrain Forklift Operator under the Civilian
Acquired Skills Program (CASP). He completed his basic combat training at
Fort Leonard Wood, Missouri and was transferred to Fort Lewis on 25 March
1975.
4. On 20 May 1975, orders were published which adjusted the applicant’s
BESD from 7 January 1975 to 15 May 1974, for the purpose of promoting him
to the pay grade of E-4, effective 15 May 1974.
5. He advanced through the ranks to the pay grade of E-7 on 26 March 1985
and remained on active duty through continuous reenlistments.
6. On 18 May 1995, he submitted his application for voluntary retirement
to be effective 1 September 1995. His request was approved and on 31
August 1995, he was honorably released from active duty and was transferred
to the United States Army Reserve Control Group (Retired) effective 1
September 1995. He had served 20 years, 7 months and 24 days of total
active service and his service was computed from 7 January 1975 through 31
August 1995.
7. Army Regulation (AR) 600-8-104, Military Personnel Information
Management and Records provides, in pertinent part, that the BESD applies
to enlisted personnel only. In making the initial entry for personnel who
enter the Army under the provisions of the Army CASP, enter the date that
will reflect a constructive credit date. When a final grade is awarded in
accordance with the program, adjust the BESD to show the minimum time in
service with waiver required by AR 600-200, chapter 7, for the grade
awarded. The BESD determined will be maintained through the pay grade of E-
6. Upon promotion to the pay grade of E-7, adjust the BESD to reflect
actual service performed. Constructive credit awarded under the CASP is
not creditable for pay purposes.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that his adjusted BESD was not considered at
the time of his retirement has been noted and found to be without merit.
The applicant’s BESD was initially adjusted to qualify him for promotion
under the CASP and remained in effect for promotion purposes until he was
promoted to the pay grade of E-7, at which time his BESD reverted back to
his original entry date.
2. At no time during his 20-year career did the applicant ever receive pay
based on his adjusted BESD. However, he did receive the benefit of
accelerated promotion qualification based on the adjusted BESD, until he
was promoted to the pay grade of E-7.
3. In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust. The applicant has failed to
submit evidence that would satisfy this requirement.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 August 1998. However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JV___ ___CM__ ___LB___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
_____James Vick_________________
CHAIRPERSON
INDEX
|CASE ID |AR20050000645 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051026 |
|TYPE OF DISCHARGE |(HD) |
|DATE OF DISCHARGE |19950825 |
|DISCHARGE AUTHORITY |AR 635-200, CH 12 |
|DISCHARGE REASON |RETIREMENT |
|BOARD DECISION |(DENY) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES |190/CHG DATE |
|1.110.0100 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2001 | 2001063104C070421
However, when he entered active duty he was informed that his BESD was going to be changed to 4 September 1998, the date of his commissioning. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: The applicant accepted his commission on 4 September 1998, completing the oath of office on that date, as he has stated.
ARMY | BCMR | CY2003 | 03092998C070212
That office stated that the applicant should have been enlisted in pay grade E-3 under the provisions of the CASP, with later promotion to pay grade E-4; however, the guidance counselor [who enlisted the applicant] made an obvious error, enlisting the applicant in pay grade E-4 with later promotion to pay grade E-5; and consequently, in view of that information in his contract, the applicant believed that he would be eligible for an accelerated promotion to E-5 upon completion of proficiency...
ARMY | BCMR | CY2001 | 2001054593C070420
The applicant states he signed an addendum for a SRIP bonus but was denied his bonus by finance because the MOS which was on the list of those skills eligible for the bonus was for skill level “2” (pay grade E-5). In support of his application he submits the Office of the Chief, Army Reserve (OCAR) SRIP list which contains MOS 91C20 as a skill eligible for a $5,000.00 enlistment bonus for NPS CASP enlistees. On 25 July 2000 the applicant’s unit’s finance office stated that since the...
ARMY | BCMR | CY2011 | 20110004554
The applicant states he was medically retired with 19 years, 9 months, and 1 day of active service. [The applicant retired from active duty on 6 May 1995.] The evidence of record confirms the applicant's adjusted BASD was 6 August 1975 and that he completed 19 years, 9 months, and 1 day of total AD service.
ARMY | BCMR | CY2007 | 20070013559
The applicant contends if he had been promoted to LTC with a date of rank of 24 June 1983, it would have given him the time in grade and the active duty service requirement to retire in the grade of LTC. The opinion continues that the applicant's promotion eligibility date to LTC was 23 September 1989, however, he was appointed a warrant officer on 24 June 1988 and was not eligible for promotion consideration to LTC. Additionally, the applicant contends that his records should show he was...
ARMY | BCMR | CY2008 | 20080018191
The evidence shows the applicant was discharged on 21 November 1975, in pay grade E-2. There is no evidence that the applicant submitted a request to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.
ARMY | BCMR | CY2008 | 20080014472
The applicant requests that Item 6a (Grade, Rate or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 18 November 1977 be corrected to show sergeant instead of SP5 (specialist five). Company C, 864th Engineer Battalion Unit Orders Number 8, dated 3 April 1975, submitted by the applicant, appointed the applicant as an Acting Noncommissioned Officer (NCO) in the rank of sergeant/pay grade E-5. Five enlisted evaluation...
ARMY | BCMR | CY2005 | 20050002116C070206
The applicant states, in effect, that he is requesting reconsideration of the Board's final decision in denying his promotion to staff sergeant. In its original conclusions, the Board found that the evidence of record confirmed the applicant was promoted to the rank of sergeant (SGT) on 29 March 1983, but failed to show he was ever recommended for or promoted to SSG prior to his separation from active duty 3. At the time, he was serving an enlistment in the Army National Guard with an...
ARMY | BCMR | CY2004 | 20040010787C070208
The last entry on the applicant’s records regarding promotions show that his records were forwarded to the E- 7 promotion selection board on 10 July 1991. However, the applicant has failed to show through the evidence submitted with his application or the evidence of record that such was the case. It is also noted that from the time the applicant served under the 1SG in question in 1984, he served an additional 8 years and would have been considered by selections boards every year until...
ARMY | BCMR | CY2002 | 2002072143C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. She states that she was discharged without being compensated, and that she was never given a separation physical before she was discharged. On 13 February 2001 the VA granted her a 30 percent service connected disability rating for pyelolithotomy, effective 16 May 2000.