IN THE CASE OF:
BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090018447
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 record to show an earlier date of rank for his promotion to E-5 and issue of a "rifle range" badge.
2. The applicant states he was told he would be promoted for work he completed while on active duty at Fort Rucker in 1961 and did not receive the marksmanship badge he earned during Basic Combat Training.
3. The applicant provides copies of his Honorable Discharge Certificate and two training certificates.
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. Records show the applicant earned the Sharpshooter Marksmanship Badge with Carbine Bar. The ABCMR does not issue decorations. For Army personnel, the National Personnel Records Center will verify the decorations to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the decorations. Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100. Once verified, the replacement decorations and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID). P.O. Box 57997, Philadelphia, PA 19111. The applicant's request to be issued a marksmanship badge will not be considered further in these proceedings.
3. The applicant enlisted in the United States Army Reserve (USAR) on 11 July 1958. He was trained in and awarded military occupational specialty 630.00 (Wheeled Vehicle Mechanic). Records show he was honorably discharged from the Army of the United States on 30 June 1964.
4. The applicant's records show he served on active duty at Fort Rucker during the period 15 October 1961 through 8 August 1962. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued upon completion of this period of active duty shows he held the grade of E-4 throughout the period. His record is void of any documentation showing he was recommended or approved for promotion during his period of active duty at Fort Rucker.
5. A DA Form 24 (Service Record) shows the applicant was promoted to E-5 on 16 April 1963.
6. Army Regulation 624-200 (Promotions, Demotions, and Reductions, Appointment and Reduction of Enlisted Personnel), in effect at the time, states appointment to pay grade E-5 required approval by a commander of a regiment, battle group, separate or detached battalion, or similar organization.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his record to reflect an earlier date of rank for his promotion to E-5 was carefully considered but not supported by the evidence in this case.
2. The applicant's record is void of documentation indicating he was recommended for or promoted to E-5 during his period of active duty service at Fort Rucker. His record shows he was promoted to E-5 at a later date. Based on the available documentation, there is no basis for amending the record to change his date of rank.
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) AR20090018447
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