RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20060016839
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Thomas M. Ray
Member
Ms. Rea M. Nuppenau
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 correction of his military records to show that he was promoted to sergeant, pay grade E5.
2. The applicant states that he had completed the Drill Sergeant Academy and worked as a drill sergeant for two full 8-week training cycles. He contends, that this training and duty entitled him to be promoted to sergeant, pay grade E5 which he never received. Now, as a matter of honor and self respect, he would like his records corrected to show this promotion.
3. The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) and his Certificate of Training for the Junior Cadre Course.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 23 August 1971, the date of his release from active duty. The application submitted in this case is dated 12 November 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 applicants failure to timely file.
3. On 10 October 1968, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 36K1O (Wireman).
4. The applicant completed a tour of duty in Europe and in the Republic of Vietnam. He attained the rank of specialist four, pay grade E4, with a date of rank of 28 May 1970.
5. On 2 April 1971, the applicant completed the Junior Cadre Course at the First United States Army Noncommissioned Officer Academy, Fort Knox, Kentucky.
6. On 11 February 1971, the applicant was assigned for duty as a drill sergeant with Company D, 16th Battalion, 4th Training Brigade, Fort Knox, Kentucky.
7. On 23 August 1971, the applicant was released from active duty and transferred to the United States Army Reserve (Reinforcement). He attained the rank of specialist four, pay grade E4 and had completed 2 years, 10 months, and
4 days of creditable active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant completed the Junior Cadre Course and preformed duty as a drill sergeant. However, there is no evidence to show that completion of this training course, and/or performing duties
as a drill sergeant was sufficient qualification for promotion to sergeant, pay grade E5.
2. In view of the above, the applicant's request should not be granted.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 August 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
22 August 1974. 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
__TMR __ __RMN _ __JTM___ 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.
__ John T. Meixell_____
CHAIRPERSON
INDEX
CASE ID
AR20060016839
SUFFIX
RECON
DATE BOARDED
20070417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
131.0000
2.
3.
4.
5.
6.
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