RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080001792 


	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.  




Director



Analyst

      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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:

	a.  correction of his records to show that he was awarded a trophy by the post Commanding General for his performance with the M-14 rifle; 

	b.  correction of his records to show that he was released from active duty in the rank/pay grade of staff sergeant (SSG)/E-6; and 

	c.  reconsideration of his earlier request that his summer camp be listed on his records. 

2.  The applicant states that:

	a.  he tied the Fort Knox, Kentucky, camp rifle record overall and was presented with the Commanding General's trophy for his performance; 

	b.  he served to the best of his ability and obtained the highest rank and pay grade for an enlisted man, that of SSG/E-6; and

	c.  he served his basic training at Fort Knox, Kentucky, advanced training at Fort Dix, New Jersey, and five summer camps.  He also performed "super active training" as a member of the Ready Reserve for 1 year. 

3.  The applicant did not provide any additional documentary evidence in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR 20070007385, on 6 November 2007, wherein the applicant requested that his summer training camp be listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The staff of the ABCMR reviewed the applicant's request for reconsideration, examined the original ABCMR decision, and reviewed the evidence submitted by the applicant in support of his previous application.  From that review, it was determined that, although the applicant's request was received within 1 year of the ABCMR's original decision, he did not provide new evidence and/or argument with his request.  The applicant has been notified by separate correspondence that his request for reconsideration is returned without action with regards to this issue.  As a result, his request to have his summer training camp be listed on his DD Form 214 will not be discussed further in this Record of Proceedings.

3.  In his request for reconsideration, the applicant seeks relief for two new issues.  The first issue pertains to listing his award of a trophy he received from the Commanding General, Fort Knox, Kentucky, for his performance with the M-14 Rifle, on his DD Form 214.  The second issue pertains to the rank/pay grade he achieved prior to his release from active duty. 

4.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

5.  The applicant’s records show that he enlisted in the U. S. Army Reserve (USAR), in the rank/pay grade of private (PVT)/E-2, on 9 February 1966.  He was subsequently ordered to active duty for training on 31 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty and reverted back to his USAR status on 9 June 1967.  The DD Form 214 he was issued at the time of his release from active duty for training shows he completed 4 months and 9 days of active military service.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the entry "N/A." 

7.  Item 5a (Grade, Rate, or Rank) and Item 5b (Pay Grade) of the applicant's DD Form 214 show the entries "PVT" and "E-2" respectively.

8.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 83, dated 24 March 1967, show the applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar.

9.  On 8 November 2007, the ABCMR approved the applicant's request to add the Expert Marksmanship Qualification Badge, with Rifle Bar, and he was accordingly issued a DD Form 215 (Correction to DD Form 214) to show this award.  However, the ABCMR Proceedings did not address the applicant's trophy.

10.  There are no Special Orders in the applicant’s record that show he was promoted to private first class (PFC)/E-3; specialist four (SP4)/E-4; specialist five (SP5)/E-5 or sergeant (SGT)/E-5; or SSG/E-6.  

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic and advanced training.  The DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  In the version in effect at the time, Items 5a and 5b showed the Soldier's rank and grade at the time of his/her separation from active duty.  Item 24 listed all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the criteria for promotion to E-5 were 36 months time in service (TIS) and 8 months time in grade (TIG) as an E-4.  The waiverable criteria for promotion to E-5 were 24 months TIS and 4 months TIG.  The criteria for promotion to E-6 were 84 months TIS and 10 months TIG as an E-5.  The waiverable criteria for promotion to E-6 were 60 months TIS and 5 months TIG.  Promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  Unit orders were issued for promotions to grade E-3 and E-4.  


DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's award of the Commanding General's trophy for his performance with the M-14 rifle, while the applicant's performance clearly distinguishes him as a highly rated marksman, there is no requirement to list trophies received by Soldiers on their DD Form 214.  The applicant's performance was recognized by awarding him the Expert Marksmanship Qualification Badge, with Rifle Bar, and action has been taken to show this award on his records.  Therefore, the applicant is not entitled to further relief.

2.  With respect to the applicant's rank and pay grade, evidence of record shows that the highest rank the applicant attained during his military service was 
PVT/E-2.  There is no evidence in the available records nor did the applicant 
provide documentation to substantiate his promotion beyond the rank/pay grade of PVT/E-2. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, the applicant is not entitled to relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



								XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001792



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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