IN THE CASE OF:	

		BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090004954 


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, correction of his records to show he entered into an active duty status in the rank/grade of specialist (SPC)/E-4.

2.  The applicant states, in effect, he enlisted under the Delayed Entry Program (DEP) in the rank of SPC/E-4 and he should have entered active duty in that rank/grade. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 20 June 1994, and page 4/1 of his DD Form 4 (Enlistment/Reenlistment Document), dated 8 December 1987, in support of his request. 

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's records show he enlisted in the U.S Army Reserve (USAR) under the DEP for a period of 8 years on 8 December 1987.  Item 8 of his DD Form 4 shows he was enlisting in pay grade E-1.  The "1" on the typewriter used to type the DD Form 4 may have been damaged -- the "1s" in his social security number (xxx-xx-5172), date of birth ("68 MAY 18"), and enlistment pay grade all look like "4s."

3.  Item 24 (Education) of his DD Form 1966/2 (Record of Military Processing), dated 8 December 1987, shows he attended Ponchatoula High School, LA, from August 1984 to May 1986 but did not graduate.  He further attended adult education at Ponchatoula High School, LA, and finished high school.  

4.  Item 1 (Acknowledgement) of his DA Form 3286-59/1 (Statement for Enlistment, U.S. Army Enlistment Option, U.S. Army Delayed Enlistment Program), dated 8 December 1987, shows the entry “Upon enlistment in the Regular Army, I will be enlisted under the provisions of Army Regulation 601-210 (Active and Reserve Components Enlistment Program), Option 9-3, U.S. Army Training of Choice Enlistment Option” and “If enlisting for an Army school course I have been assured of attending the school course for military occupational specialty (MOS) or CMF (career management field) 63E (M-1 Abrams Tank System Mechanic).  He authenticated this form by placing his signature in the appropriate block further acknowledging:

“I have read and understand each of the statements above and in the DD Form 1966 series, signed by me, and understand that these statements are intended to constitute all promises whatsoever concerning my enlistment.  Any other promises or representation of commitments made to me in connection with my enlistment is written below in my own handwriting, or is hereby waived (if none, write none).”

5.  The applicant’s records further show he was discharged from the Reserve Component for enlistment in the Regular Army in pay grade E-1 and enlisted in the Regular Army for a period of 4 years on 12 January 1988.

6.  The applicant’s records further show he completed basic combat and advanced individual training under the one station unit training at Fort Knox, KY, and was awarded MOS 63E.  He was subsequently reassigned to Germany on or around 16 September 1988 and was advanced to private/E-2 on 12 July 1988 and advanced to private first class (PFC)/E-3 on 4 January 1989.

7.  The applicant’s records also show that upon completion of his overseas tour, he was reassigned to Fort Carson, CO, on or about 19 October 1990 and was subsequently promoted to SPC/E-4 on 1 January 1991.
8.  On 21 June 1991, the applicant executed a 3-year reenlistment in the Regular Army.  Item 8b of his DD Form 4 shows he reenlisted for the “Current Station Stabilization Reenlistment Option.”

9.  The applicant’s records further show he was honorably released from active duty in the rank/grade of SPC/E-4 on 20 June 1994.  He completed 6 years, 
5 months, and 9 days of creditable active military service.

10.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the USAR.  Chapter 9 (Enlistment Programs/Options) indicates that these programs/options are designed to merge valid Army requirements with personal desires.  Chapter 7 provides policy and guidance for implementing the Army Civilian Acquired Skills Program (ACASP).  The ACASP is intended to attract and use individuals with civilian-acquired skills required by the Army.  Individuals qualified for the ACASP may be given an advance in grade upon enlistment and may be entitled to accelerated promotion based on the skill level held and demonstrated duty performance.  The regulation also provides that individuals who have successfully completed a degree producing college program of 4 years duration and been awarded a bachelor’s or higher degree may be enlisted in pay grade E-4.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he entered active duty in the rank/grade of SPC/E-4.  

2.  The evidence of records shows the applicant enlisted in the DEP, on 
8 December 1986, for the U.S. Army Training of Choice Enlistment Option which included MOS 63E Abrams Tank System Mechanic, in rank and grade of private/E-1.  There is no evidence in his enlistment contract that he enlisted for any other option, such as the ACASP.  He subsequently entered active duty as agreed in his enlistment contract in the rank of E-1 and was promoted through the ranks to SPC/E-4.  He executed a reenlistment contract in the Regular Army in the rank of E-4, completed his required active service, and was honorably released from active duty on 20 June 1994.  There does not appear to be an error or an injustice with respect to his rank during his enlistment, accession, or separation.  

3.  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 has failed to submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant him the requested relief.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  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.




      _______ _   _X______   ___
               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)                                         AR20090004954



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ABCMR Record of Proceedings (cont)                                         AR20090004954



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