Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080007683
Original file (20080007683.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	       25 September 2008

		DOCKET NUMBER:  AR20080007683 


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 rank be corrected to show specialist four or acting sergeant on his DD Form 214 (Report of Transfer or Discharge) for the period ending 11 May 1965.  He also requests all back pay and allowances.

2.  The applicant states, in effect, that he was twice temporarily reduced in rank (for being late to reveille and assault) under the old Article 15 whereby a Soldier agrees that his rank would be returned when the stripe was issued to the company.  However, his rank was never restored.   

3.  The applicant provides a birth certificate; a DD Form 215 (Correction to DD Form 214); and DD Forms 214 for the periods ending 11 May 1962 and 11 May 1965, in support his is application.

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 was inducted on 25 January 1962.  On 11 May 1962, he was honorably discharged in the rank of private to enlist in the Regular Army.  He enlisted in the Regular Army on 12 May 1962 for a period of 3 years.  The applicant was promoted to the temporary rank of specialist four effective 
19 October 1964.

3.  On 5 March 1965, nonjudicial punishment was imposed against the applicant for disobeying a lawful command (to be restricted to the company area).  His punishment consisted of a reduction to E-3, extra duty, and restriction.

4.  Section I (Appointments, Promotions, or Reductions) on the applicant’s DA Form 24 (Service Record) shows he was reduced to E-3 (P) [permanent] effective 5 March 1965.

5.  On 22 March 1965, nonjudicial punishment was imposed against the applicant for violating a lawful regulation (having an unregistered weapon (pistol) on the Fort Campbell reservation).  His punishment consisted of a reduction to E-2, a forfeiture of pay, extra duty, and restriction.

6.  Section I on the applicant’s DA Form 24 shows he was reduced to E-2 (P) effective 22 March 1965.

7.  On 11 May 1965, the applicant was released from active duty in the rank of private/E-2. 

8.  Item 3a (Grade, Rate or Rank) on the applicant’s DD Form 214 for the period ending 11 May 1965 shows the entry, “PVT E2 (P).”

9.  There is no evidence of record which shows the applicant was promoted to specialist four or acting sergeant prior to his separation on 11 May 1965.

DISCUSSION AND CONCLUSIONS:

There is no evidence of record which shows the applicant was promoted to specialist four or acting sergeant prior to his separation or that his reductions in rank were temporary.  Therefore, there is no basis for granting the applicant's requests.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  __xx____  ____xx__  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.



      _________xxxx_________
               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)                                         AR20080007683



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007683



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130019236

    Original file (20130019236.txt) Auto-classification: Denied

    Section 1 (Appointments, Promotions, and Reductions) of his DA Form 24 (Service Record) shows he was promoted to SP5/E-5 (T) on 3 April 1964 and SP5/E-5 (P) on 3 April 1965. Army Regulation 624-200, effective 1 July 1962, section III, governed the temporary appointment of enlisted personnel of the active Army to pay grades E-4 through E-9 made against periodic temporary appointment quota allocations issued by Headquarters, Department of the Army. However, all evidence in his records...

  • ARMY | BCMR | CY2010 | 20100029894

    Original file (20100029894.txt) Auto-classification: Denied

    The applicant's DA Form 24 shows he was promoted to specialist four/E-4 (P) with a date of rank of 18 October 1964. The applicant's record contains a copy of DA Form 41 (Record of Emergency Data) dated 18 February 1965, item 5 (Grade and Pay Grade) which shows he completed the form and indicated his rank was "SGT E5." The applicant's record contains an original DA Form 603 (Army Reserve Change of Address Report), dated 7 September 1965, item 1 (Name, Address, Service No., Grade, Branch)...

  • ARMY | BCMR | CY2014 | 20140012896

    Original file (20140012896.txt) Auto-classification: Denied

    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. His DD Form 214 shows he completed 3 years of active service and he had 4 days of lost time from 27 July to 30 July 1964. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...

  • ARMY | BCMR | CY2012 | 20120009976

    Original file (20120009976.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant did not provide any evidence. However, his records contain two DA Forms 24 (Service Record) and a DA Form 20 (Enlisted Qualification Record), as follows: a. DA Form 24 covering the period 10 September 1962 to 2 September 1965 shows in Section 1 - Appointments, Promotions or Reduction the following grades and effective dates: * private (PVT)/E-1, 10 September 1962 * private (PVT)/E-2,...

  • ARMY | BCMR | CY2008 | 20080001844

    Original file (20080001844.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 June 2008 DOCKET NUMBER: AR20080001844 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. The applicant requests that his rank and grade of Specialist Five (SP5)/E-5 be restored. The applicant’s records contain a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 22 December 1966, which...

  • ARMY | BCMR | CY2014 | 20140005575

    Original file (20140005575.txt) Auto-classification: Denied

    The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 4 October 1954 to 24 September 1957.

  • ARMY | BCMR | CY2008 | 20080008239

    Original file (20080008239.txt) Auto-classification: Denied

    The applicant requests that his discharge be upgraded from general under honorable conditions to an honorable discharge. On 15 December 1986, the appropriate authority approved the elimination packet and waiver of the rehabilitative transfer requirement and directed the applicant receive a general under honorable conditions discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct. Therefore, the Board determined that the overall merits of this case are...

  • ARMY | BCMR | CY2011 | 20110018196

    Original file (20110018196.txt) Auto-classification: Denied

    The applicant’s military records show he enlisted in the Regular Army (RA), in pay grade E-1, on 13 November 1957, for 3 years. On 10 April 1965, he was discharged pursuant to the sentence of a general court-martial and issued a BCD after the conviction and sentence were affirmed. His conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterized the misconduct for which he was convicted.

  • ARMY | BCMR | CY2012 | 20120001165

    Original file (20120001165.txt) Auto-classification: Denied

    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. On 24 August 1965, he was authorized hazardous duty pay (parachute) in MOS 11E (Armor Crewman) effective 27 July 1965. ABCMR Record of Proceedings (cont) AR20120001165 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...

  • ARMY | BCMR | CY2012 | 20120006291

    Original file (20120006291.txt) Auto-classification: Approved

    He states the following new facts are not reflected in his Army Board for Correction of Military Records (ABCMR) Record of Proceeding nor are they reflected in his military records (DA Form 24 (Service Record) and DD Form 214): a. He provides his DA Form 24, prepared on 22 January 1962, for the period 28 October 1955 to 26 October 1957; and his DA Form 20. His record contains: * DA Form 24 for the period 28 October 1955 to 25 October 1957 which shows he was promoted to SP3 (T) on 24 May...