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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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
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