IN THE CASE OF:
BOARD DATE: 13 August 2008
DOCKET NUMBER: AR20080008277
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 essence, promotion from private (PVT)/E-2 to private first class (PFC)/E-3.
2. The applicant states, in effect, in November 1977, while in Hanau, Germany, his unit commander agreed to his rank change to PFC/E-3 when he was selected to be the new motor pool dispatcher. Upon discharge for breach of contract, he went to college and after a short time, his father was killed in a tragic motor vehicle accident, so he did not pursue the matter.
3. The applicant did not provide additional documentary evidence in support of this 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. On 3 December 1976, the applicant enlisted in the Regular Army as a
PVT/E-1 for a period of 4 years. His DA Form 2-1 (Personnel Qualification Record) shows that he successfully completed basic combat training; however, he failed both the military occupational specialty (MOS) courses in MOS 91G (Behavior Science Specialist) and MOS 76P (Stock Control and Accounting Specialist). On 27 May 1977, he was reassigned to Fort Leonard Wood, Missouri, to attend the MOS 12C (Bridge Specialist) course. On 13 July 1977, the applicant successfully completed training in and was awarded MOS 12C.
3. On 3 June 1977, the applicant was promoted to the rank and grade of
PVT/E-2. There is no evidence in his official military records to show he was recommended for or promoted to the grade and rank of PFC/E-3
4. On 4 August 1977, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for failing to go to his place of duty. His punishment consisted of a forfeiture of $50.00 pay.
5. On 6 August 1977, the applicant was assigned to Germany. His DA Form 2-1 shows that he performed duties as a transport operator with the 814th Engineer Company, 559th Engineer Battalion.
6. On 17 January 1978, the applicant was released from active duty under the provisions of Army Regulation 600-200, chapter 5-32, by reason of convenience of the government nonfulfillment of service contract. The specific facts and circumstances leading to the applicant's release from active duty are not contained in the official record. His service was characterized as honorable and he was credited with completion of 1 year, 1 month, and 15 days of active duty. He was transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his remaining military service obligation. On
2 December 1982, he was discharged from the USAR Control Group upon completion of his military service obligation. This order shows that his rank and grade at the time of his discharge was PVT/E-2.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the Regular Army from 3 December 1976 through
17 January 1978. The specific facts and circumstances leading to his discharge are unknown.
2. The applicant was promoted to the rank and grade of PVT/E-2 on 3 June 1977. He was assigned to Germany and his DA Form 2-1 shows that he
performed duties as a transport operator with the 814th Engineer Company, 559th Engineer Battalion. There is no evidence that he performed duties as a motor pool dispatcher.
3. There is no evidence that the applicant was recommended for or promoted to the rank and grade of PFC/E-3. His DD Form 214 shows that he held the rank and grade of PVT/E-2 at the time of his discharge. The applicant has failed to provide any substantive evidence supporting his contentions. In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's record.
4. 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 any evidence that would satisfy this requirement.
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
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) AR20080008277
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ABCMR Record of Proceedings (cont) AR20080008277
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