RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 August 2006
DOCKET NUMBER: AR20060001378
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. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. Paul M. Smith | |Chairperson |
| |Ms. LaVerne M. Douglas | |Member |
| |Mr. Ronald D. Gant | |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, in effect, his records be corrected to show he
was promoted to pay grade E-4 before his release from active duty.
2. The applicant states his command was very slow in promoting Soldiers
and he feels he was overlooked.
3. The applicant provides no additional supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 11 February 1969, the date of his release from active
duty. The application submitted in this case is dated 19 January 2006.
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 limitations 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 records show the applicant entered active duty on 10 February 1967,
completed training, and was awarded the military occupational specialty
(MOS) 62D (Asphalt Worker).
4. The applicant received nonjudicial punishment (NJP) under the
provisions of Article 15, Uniform Code of Military Justice on 19 December
1967 for violating a general order by having and consuming alcohol in the
barracks and for being disorderly on post by creating a disturbance in the
parking lot. His punishment was forfeiture of $14.00 pay per month for one
month, 14 days of extra duty, and restriction to his appointed place of
duty.
5. The applicant received NJP on 24 January 1968 for carrying a concealed
weapon. His punishment was forfeiture of $14.00 pay per month for one
month, 14 days of extra duty, and 14 days of restriction to his appointed
place of duty.
6. The applicant received NJP on 21 February 1968 for failure to go to his
appointed place of duty on two occasions. His punishment was reduction to
pay grade E-2, 14 days of extra duty, and 14 days of restriction to his
appointed place of duty. The restriction was suspended for two months.
7. The applicant’s DA Form 20 (enlisted Qualification Record) indicates he
was AWOL (absent without leave) for one day on 28 March 1968. The record
does not indicate what, if any, punishment he received for this AWOL.
8. In pertinent part, the DA Form 20 lists the applicant’s advancements
and reductions as: advancement to private first class (PFC) (E-3) on 4
December 1967; reduction to private (PVT) (E-2) on 21 February 1968;
advancement to PFC on 10 July 1968; reduction to PVT on 23 September 1968;
and advancement to PFC on 18 January 1969.
9. The record does not contain any information as to why the applicant was
reduced to PVT on 23 September 1968.
10. The applicant was honorably released from active duty on 11 February
1969. He had 2 years and 1 day of creditable service with 1 day of lost
time.
11. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), then in
effect, specified that the underlying concept of the Army promotion system
was to promote the best qualified individual and to recognize outstanding
individuals with great potential for leadership or increased responsibility
in their chosen fields. Advancement from pay grade E-3 to pay grade E-4
required a Soldier to have successfully served in the lower grade for not
less than six months.
DISCUSSION AND CONCLUSIONS:
1. The applicant was advanced to PFC (E-3) on three occasions, the last
time only a month before his separation. As such he was not qualified to
be advanced to the next higher grade.
2. 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.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 February 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 February 1972. 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
__RDG__ __PMS__ __LMD __ 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.
__ Paul M. Smith_____
CHAIRPERSON
INDEX
|CASE ID |AR20060001378 |
|SUFFIX | |
|RECON | |
|DATE BOARDED | 20060829 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |144 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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