IN THE CASE OF:	  

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20080003939 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to show he was promoted to E-4 and separated as an E-4.  He also requests a copy of his DD Form 214 (Report of Separation from Active Duty) and his discharge certificate.

2.  The applicant states, in effect, that he was up for promotion to E-4 in 1977 when he missed field movement.  His girlfriend at the time had him away from the unit, and he did not get back in time due to a family member being sick.  He was reduced to Private, E-1.  He was a model Soldier.  He was in the Color Guard, served on funeral details, and was a squad leader during advanced individual training.  His military problems were due to his having bipolar disorder that was not recognized until 1980.  He only wishes he had not been so immature.  He did not take his responsibilities seriously.  

3.  The applicant provides a separate statement, dated 9 February 2008.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  The applicant enlisted in the Regular Army on 31 May 1975.  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewman).

3.  On 22 January 1976, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for failing to go to his appointed place of duty.

4.  On 16 March 1976, the applicant accepted NJP under Article 15, UCMJ, for failing to go to his appointed place of duty.

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he was advanced to Private First Class, E-3 on 19 May 1976.

6.  On 22 July 1976, the applicant accepted NJP under Article 15, UCMJ, for failing to obey a lawful order to get a haircut.

7.  On 11 March 1977, the applicant accepted NJP under Article 15, UCMJ, for wrongfully appearing for guard duty in an improper uniform and being derelict in the performance of his duties by failing to walk his guard post.  His punishment was a reduction to the grade of Private, E-2 (suspended for 30 days); a forfeiture of $90.00 pay ($60.00 suspended for 30 days); and extra duty for 7 days.  On   17 March 1977, the suspension of the punishments was vacated.

8.  On 19 May 1977, the applicant accepted NJP under Article 15, UCMJ, for missing movement; for being absent without leave (AWOL) for 1 day; and for being AWOL from on or about 6 through on or about 9 May 1977.  His punishment was a reduction to the grade of Private, E-1 (suspended for            90 days); a forfeiture of $150.00 pay for 2 months (1 month suspended for        90 days); restriction to the installation for 30 days (suspended for 90 days); and extra duty for 30 days (suspended for 90 days).

9.  On 19 January 1978, the applicant accepted NJP under Article 15, UCMJ,   for disobeying a lawful order.  His punishment was a forfeiture of $92.00 pay; a reduction to Private E-1; 14 days extra duty; and 14 days restriction.  

10.  On 25 May 1978, the Commanding General, 24th Infantry Division and Fort Stewart, GA, informed the Staff Judge Advocate that he was recommending the 
applicant be tried by a special court-martial authorized to adjudge a bad conduct discharge.  The charge sheet is not available.  The charges were apparently dropped.  

11.  On 23 June 1978, the applicant was released from active duty, in pay grade E-1, upon the completion of his required service, and transferred to the U. S. Army Reserve.  

12.  The applicant was honorably discharged from the U. S. Army Reserve on    30 May 1981.  He had been assigned to at least three different troop program units and was assigned to a troop program unit at the time he was discharged.

13.  On 8 January 1987, a DD Form 215 (Correction to DD Form 214) was issued making minor corrections to the DD Form 214 and voiding a DD Form 215 dated 6 January 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended, in effect, that he was up for promotion to E-4 in 1977 when he missed field movement.  There is no evidence of record to show he was recommended for promotion in to E-4 1977.  

2.  The applicant provides several explanations as to why he was reduced to Private, E-1.  His girlfriend at the time had him away from the unit, but he did not get back in time due to a family member being sick; he was a model Soldier, but he was immature and did not take his responsibilities seriously; he had bipolar disorder. 

3.  There is no evidence of record and the applicant provides none to show he had any medical/mental condition that could have been a cause of the misconduct for which he was reduced by Article 15.  The fact he satisfactorily participated in the U. S. Army Reserve after his release from active duty tends to indicate he did not have a medical/mental condition that affected the performance of his duties or his conduct as a Soldier.

4.  There is insufficient evidence that would warrant showing he was promoted to E-4 or separated as an E-4.

5.  A copy of the applicant’s DD Form 214 and DD Form 215, dated 8 January 1987, will be provided to the applicant.  The applicant’s Honorable Discharge Certificate of 31 May 1981 is not available.  (An Honorable Discharge Certificate would not have been issued upon his release from active duty on 23 June 1978). A new certificate should be issued to him.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  __xx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing to him an Honorable Discharge Certificate showing he was discharged from the U. S. Army Reserve effective 30 May 1981.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he was promoted to E-4 or separated as an E-4.  




	 _   ______xxx _____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003939



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ABCMR Record of Proceedings (cont)                                         AR20080003939



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