IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100012130 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty):

* Item 4a (Grade, Rate, or Rank) – master sergeant (MSG) or lieutenant colonel (LTC) 
* Item 4b (Pay Grade) – E8 or O5
* Item 11 (Primary Specialty) – 21 Years and 9 Months
* Item 12 (Record of Service)
o  section a.(Date Entered Active Duty this Period) “1979 10 16,” should read, “1979 06 27”
o section c (Net Active Service This Period), “20 09 15,” should read, “21 09 15”
* Item 14 (Military Education) should show Basic Combat Training, 1979

2.  The applicant states, in effect, her rank was never corrected and It has been an ongoing situation.  She contends that in 1979, she was told she would be attending training to become an Army officer at Fort Benning, GA.  She was also led to believe that the class was overcrowded and she would be sent to the Fort Dix, NJ for the same training but it would be with enlisted personnel,  

3.  While attending basic combat training (BCT) at Fort Dix, she mentioned the error but no one believed her.  She proceeded to Fort Eustis, VA for advanced individual training (AIT) and mentioned the mistake again, but no one did anything to help her.  After the completion of training, she arrived at her first permanent duty station, Fort Stewart, GA at which time she was issued orders with the rank of private.  She again mentioned the error but nothing was done.

4.  She states the rank issue was an ongoing problem her entire career.  She contends her promotions were delayed; she was deprived of graduating with awards from noncommissioned officer (NCO) academies even though she had the highest grade point average in her class, and deprived of the rank of SGM or even becoming a general officer.  She states she was issued a “No-Show” letter from the officer’s course at Fort Benning but has since lost the letter.  She will take a lie detector test if necessary.  She does not want the Army to get away with what they did.

5.  The applicant would like the Board to consider eight key factors in support of her request:

     a.  Her rank was never changed from enlisted to officer when in fact, she should have been an officer from the beginning;

	b.  She was cheated out of her Primary Leadership Development Course (PLDC) award while she was stationed in Germany;

	c.  Her unit in Germany delayed her from making staff sergeant (SSG) for a whole year because they refused to accept her diploma (fully accredited) the previous year;

	d.  While attending the Basic NCO Course (BNCOC), the school refused to give her an academic award for her score of 97 percent; instead, the award was given to a male Soldier with a score of 87 percent;

	e.  Since she was forced to stay enlisted her whole career, she should have retired as a MSG.  If she stayed in, she would have been a sergeant major;

	f.  If the Army had cleared up the officer error from the beginning, she would have been an officer and she is sure she would have been a LTC or colonel (COL);

	g.  She would have never retired until it was time for her to go, but the Army has Soldiers that are not right.  They send in information or do background checks to see if things check out; and

	h.  She loves the military and it hurt her to retire early but no one wants to do the right or the fair thing. 

6.  The applicant provides a copy of her DD Form 214 and a copy of Orders 215-0001, U.S. Army Transportation Center, dated 3 August 1999. 

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 DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 27 June 1979, shows she enlisted in the U.S. Army Reserve (USAR) for a period of 6 years in pay grade E-1 in the Delayed Entry Program (DEP).  She was released from DEP status and enlisted in the Regular Army and entered active duty on 16 October 1979 for a period of 
4 years.  DD Form 1966 - Annex A (Statements for Enlistment Delayed Entry Program) shows she enlisted for Training of Choice Enlistment Option for military occupational specialty (MOS) 71N (Traffic Management Coordinator).  She and the guidance counselor signed this form on 27 June 1979.  There is no indication in this contract pertaining to attending officer training or that she was a "no show" for that training.
 
3.  The applicant provides a copy of her DD Form 214.  Item 11 of the applicant's DD Form 214 shows the entry “20 YRS – 5 MOS.”  Item 12 of this form shows she entered active duty on 16 October 1979.  She was honorably released from active duty (REFRAD) on 31 July 2000, and transferred the USAR Control (Retired), St. Louis, MO.  She had completed 20 years, 9 months, and 15 days of net active service and a total of 3 months and 19 days of prior inactive service.  She was placed on the retired list in the rank/pay grade of sergeant first class (SFC)/E-7.
 
4.  Item 14 of her DD Form 214 shows the following entries:  TRAFFIC MANAGEMENT, 6 WEEKS, 1980//GERMAN HEADSTART, 2 WEEKS, 1982//PLDC, 4 WEEKS, 1984//TACTICAL ARMY COMBAT COMPUTER SYSTEM, 1 WEEK, 1991//BNCOC, 7 WEEKS, 1991//MAC AFFIL CRS, 1 WEEK, 1992//TCAC AND CISC, 1 WEEK, 1994//INSTRUCTOR TRAINING COURSE, 3 WEEKS, 1994//WORLD PRT SYS, 3 WEEKS, 1996//ALMC-CL, 1 WEEK, 1996//ADVANCED NONCOMMISSIONED OFFICER COURSE, 7 WEEKS, 1995//PERSONAL PROPERTY COURSE, 1 WEEK, 1984//MILSTAMP, 1 WEEK, 1999//MRTT, 1 WEEK, 1999//NOTHING FOLLOWS.”

5.  On 3 August 1999, Orders Number 215-0002, were issued by Headquarters, United States Army Transportation Center, Fort Eustis, VA.  These orders authorized the applicant’s REFRAD for the purpose of retirement on 
31 July 2000, and her placement on the retired list the following day.  These orders confirm that on the date of her REFRAD, the applicant held the rank of SFC; completed 20 years, 9 months, and 15 days active federal service; initially entered active duty on 16 October 1979; and had 21 years, 1 month, and 4 days toward her basic pay.

6.  A review of the applicant official military personnel file (OMPF) failed to reveal any documentation pertaining to missing officer training at Fort Benning, GA.  

7.  Her records contain three copies of her DA Forms 1059 (Service School Academic Evaluation Report) for attendance of PLDC, BNCOC and ANCOC.  The DA Form 1059 for ANCOC shows she exceeded the course standards and graduated with honors.  The other two forms show she met the course standards and completed all required training. 

8.  Copies of her DA Form 2-1 (Personnel Qualification Record – Part II), item 18 (Appointments and Reductions) and copies of her- promotions orders reveal she was promoted in accordance with applicable Army regulations and policies up through the rank of SFC.

9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and Army Reserve.  Paragraph
2-19 provides, in pertinent part, that the applicant must provide documentation to support enlistment in the higher pay grade.  Guidance counselors will verify required documents to justify the higher pay grade the applicant is enlisting at.
A guidance counselor, education specialist, operations NCO, first sergeant, commissioned officer, or equivalent contracted personnel assigned to the U.S. Army Recruiting Command must verify documents.  Verification must be annotated referencing authority for grade in the Remarks section of the
DD Form 1966.

10.  Army Regulation 601-210, paragraph 8-7 (Correction of Enlistment Grade) states that any correction of enlistment grade, after enlistment documents have been executed, is to be accomplished by promotion or reduction action, whichever applies.  It also provides that enlistment documents will not be altered to reflect the different grade and instructs compliance with appropriate provisions of Army Regulation 600-8-19 (Enlisted Promotions and Reductions).  Requests for assistance in establishing an individual's eligibility for a different grade based on enlistment contract and supporting documents must include copies of substantiating documents or statements.  The Soldier will be advised of the right to apply to the ABCMR, if required.  The ABCMR, acting for the Secretary of the Army (10 USC 1552), is the authority for correcting (backdating) the effective date when a conflict exists.  Army Regulation 600-8-19 provides procedures for retroactive effective date, as well as procedures for receipt of back pay.

11.  Army Regulation 635-5 (Separations Documents) prescribes the preparation guidelines for DD Form 214.  It states in pertinent part that Item 4 (Grade, Rate, or Rank) will reflect the active duty grade or rank and pay grade at time of separation.  

12.  Army Regulation 635-5 shows, in pertinent part, for Item 14 (Military Education), from the ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalog) to determine its usefulness to the Soldier after transitioning from the Army.

13.  Army Regulation 635-5 states the Soldier's initial enlistment contract or appointment document is the source data for entry to the DD Form 214.  Paragraph 2-4h (11) states, in pertinent part, that you enter from the ERB and Officer Record Brief (ORB) the titles of all Military Occupational Specialty (MOS) or Area of Concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, her rank was wrong when she first entered the Army, and as a result item 4a and 4b, item 11, item 12a and 12b, and item 14 of her DD Form 214 should be corrected.  Her request was carefully considered but was found not to be supported by the evidence of record.

2.  There is no evidence in the available records, and the applicant has not provided sufficient evidence, to show she was scheduled to attend officer training at Fort Benning, GA.  The statement submitted by the applicant indicates that she decided to enlist despite this error.  Her DD Form 4 and DD Form 1966, indicates she enlisted under the training of choice option for MOS 71N.   

3.  There is no indication that the applicant was treated unjust or inequitable, or that applicable laws and regulations were not followed because she was not promoted to the rank of MSG, SGM, LTC or COL.  The applicant’s records show she was promoted in succession, from the rank of private/E-1 up through the rank of SFC/E-7.  Therefore, there is no basis to correct items 4a and 4 b of her DD Form 214.

4.  The applicant contends she served 21 years and 9 months in her primary specialty.  Her records show she entered active duty on 16 October 1979, for the purpose of attending basic combat and advanced individual training.  Her records indicate she completed AIT in 1980.  The exact month and the day are not known.  However; in accordance with regulatory guidelines, basic training and advanced individual training are not calculated into this equation.  Therefore, the entry in item 11 of her DD Form 214, which displays "20 YRS – 5 MOS" is consistent with her completion of AIT and her date of retirement. 

5.  A copy of the applicant’s DD Form 4 shows she was in a DEP status from 
27 June 1979 through 15 October 1979.  DEP status counts toward pay but not toward active service time.  Therefore items 12a and 12c of her DD Form 214 are correct as shown.  

6.  Army Regulation 635-5 provides that formal in-service training courses successfully completed during the period of service covered by the DD Form 214, will be listed in Item 14.  However, it also states that training courses for combat skills will not be listed.  Basic combat training is considered a combat skills training course and is therefore not to be entered on the DD Form 214.  

7.  In view of the foregoing, there is no basis to grant 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)                                         AR20100012130



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ABCMR Record of Proceedings (cont)                                         AR20100012130



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