RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            07 December 2006
      DOCKET NUMBER:   AR20060004974


      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. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Larry Racster                 |     |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 report of separation (DD Form 214) be
corrected to reflect his rank and pay grade as a sergeant (SGT) E-5, that
his award of the Imjin Scout Certificate be added to his awards and that
his military occupational specialty (MOS) be corrected to reflect the
Special Qualification Identifier (SQI) of “F” to denote flying
qualifications.

2.  The applicant states, in effect, that he was promoted to the rank of
SGT and in 1986, the National Guard refused to promote him to the rank of
SGT when he made the cut-off score.  He further states that his award of
the Imjin Scout Certificate was not included on his DD Form 214 and he
should have been awarded the SQI of “F” to reflect that he served 75 flight
hours of training time in an OH58 helicopter.

3.  The applicant provides a copy of a request to appointing him as an
acting sergeant dated 19 September 1984, a copy of a promotion standing
list dated 9 July 1984, a copy of an Imjin Scout Certificate and a copy of
his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 March 1985.  The application submitted in this case is dated
29 March 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.  He enlisted on 25 March 1982 for a period of 3 years, training as a
cavalry scout and assignment to the 2nd Infantry Division in Korea.  He
completed his training at Fort Knox, Kentucky and was transferred to Korea
on 19 July 1982.  He was assigned to B, 4th  Squadron, 7th Cavalry Regiment
for duty as a scout in MOS 19D10.

4.  He was awarded the Imjin Scout Insignia Certificate for the period of
27 September to 11 November 1982 and was advanced to the pay grade of E-3
on 1 January 1983.
5.  He departed Korea on 19 July 1983 and was transferred to Fort Carson,
Colorado and was assigned to Headquarters and Headquarters Troop (HHT), 1st
Squadron, 10th Cavalry Regiment for duty as a track driver.  He was
advanced to the pay grade of E-4 on 1 December 1983 and appeared before a
promotion selection board for the pay grade of E-5 on 9 July 1984.  He
attained promotion list standing with a total score of 658 points.

6.  On 19 September 1984, the S-3 Operations Sergeant submitted a request
(DA Form 2496) to the HHT commander requesting that the applicant be
appointed as an acting sergeant.  There is evidence to show that he was
serving as an acting sergeant in the capacity of a motor sergeant for the S-
3 section.

7.  On 24 March 1985, the applicant was honorably released from active duty
(REFRAD) in the pay grade of E-4, due to the expiration of his term of
service.  He had served 3 years of total active service and his DD Form 214
issued at the time of his REFRAD indicates that he was awarded the Army
Service Ribbon, the Army Achievement Medal, the Overseas Service Ribbon and
the Sharpshooter Marksmanship Badge.  He was transferred to the United
States Army Reserve (USAR) Control Group (Reinforcement) to complete his
statutory service obligation.

8.  On 26 March 1985, he enlisted in the Florida Army National Guard
(FLARNG) in the pay grade of E-4 and was assigned to an air defense
artillery battery.  He continued to serve until he was honorably discharged
from the FLARNG in the pay grade of E-4 on 25 March 1987, due to the
expiration of his term of service.  There is no evidence to show he was on
the promotion standing list in the FLARNG.

9.  A review of his records fails to show any indication that the applicant
ever served in the aviation troop (normally “D” Troop) of any of the
cavalry regiments he was assigned to or that he performed aviation/flight
duty during his service.

10.  Army Regulation 600-200, in effect at the time, served as the
authority for the promotion of enlisted personnel.  It provides, in
pertinent part, that Soldiers must be removed from a local promotion list
when they have been separated/discharged from the service without reentry
within 24 hours.  Personnel who met the cut-off score for promotion to the
pay grade of E-5 were required to have at least 90 days of active service
remaining in order to accept the promotion.  That regulation also provides
the criteria for appointment of acting noncommissioned officers (NCO).  It
provides, in pertinent part, that acting noncommissioned officers will be
appointed using a DA Form 2496 and will automatically terminate on
reassignment to another unit or separation.

11.  Army Regulation 611-201 serves as the authority for award of the SQI.
It provides, in pertinent part, that the SQI of “F” is used to denote
flying status and identifies positions which require personnel to perform
frequent and repetitive aerial flights.  Individuals awarded this
identifier must volunteer for flight duty and complete qualifying physical
examinations for flight status in accordance with Army Regulation 40-501.
Door gunner positions in career management field (CMF) 67 will be
identified by this SQI.

12.  2nd Division Regulation Number 672-3 serves as the authority for award
of the Imjin Scout Certificate.  It provides, in pertinent part, that the
Imjin Scout Certificate will provide special recognition to the members of
the 2nd Infantry Division and members of unit in support of Division
operations engaged directly in DMZ (Demilitarized Zone) missions.  The
Imjin Scout Certificate is unique only that Division and is not an
authorized entry on military personnel records; however, the certificate
may be filed in a Soldier’s records for recognition and historical
purposes.

13.  Army Regulation 640-2-1 serves as the authority for the preparation of
the Personnel Qualification Record (DA Form 2-1).  It provides, in
pertinent part, that all authorized decorations, service medals, badges,
and citations will be entered in item 9, under Awards, Decorations and
Campaigns.  Letters of Commendation and Certificates of Appreciation will
not be entered on that form but may be filed in the individual’s records.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was on the promotion standing list at the time
of his REFRAD, the applicable regulation required his name to be removed
the day after his REFRAD if he had more than a 24-hour break in service.

2.  While the applicant does not state exactly when he met the cut-off
score for his MOS, it appears that he did not meet the cut-off prior to his
REFRAD and since he was required to be removed from the standing list after
his REFRAD, his promotion list standing in the Regular Army did not remain
in effect when he enlisted in the FLARNG.  Inasmuch as there is no evidence
to show that he appeared before a Reserve Component promotion selection
board and attained list standing, there is no basis to grant his request
for promotion.

3.  The applicant’s appointment as an acting NCO was a temporary
appointment and automatically terminated upon his REFRAD.  Accordingly, he
was properly separated in the pay grade of E-4 and there appears to be no
basis to change his rank or pay grade based on that appointment.

4.  The applicant was awarded The Imjin Scout Certificate for his service
in Korea on the DMZ.  However, that is a local unit award that is not
authorized to be entered on service records or the DD Form 214.  It is
properly filed in his personnel records for historical purposes.  However,
there is no basis to enter that or any other certificates on the DD Form
214.

5.  The applicant’s contention that he should be awarded the SQI of “F” to
denote flying qualifications has been noted; however, he has failed to show
through the evidence submitted with his application or the evidence of
record that he met the qualifications for award of that SQI.  Therefore,
absent such evidence, there is no basis to award him that SQI.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 March 1985; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 23 March 1988.  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

___RD __  ___DD __  ___LR __  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.




                                  _____Richard Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004974                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19870325                                |
|DISCHARGE AUTHORITY     |AR 634-100                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/corr 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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