IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100021980
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, his ombudsman pay as a military officer who attained the rank/grade of captain (CPT)/O-3 in December 1977 as stated on his DD Form 214 (Report of Separation from Active Duty). He also requests correction of his DD Form 214 to show his rank as CPT (received in 1981) and his enlisted rank/grade as corporal (CPL)/E-4.
2. The applicant states he was promoted as a leader during the Vietnam conflict as a dutiful commander because of communist infiltration. He was commissioned (present day) as an ombudsman by General Colin Powell in 1977 and he received the commander's rating upon discharge and as a U.S. Marshal Police registered in Washington, DC (under the name Jones) that was enacted by President Bush in 1997.
3. The applicant provided no additional evidence.
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 25 November 2009, the applicant was notified by the Army Review Boards Agency (ARBA) that the application he submitted, Docket Number AR20090011693, dated 25 June 2009, wherein he requested correction of his military records to show he was serving as an ombudsman while he was on active duty, was administratively closed. The ARBA stated the ABCMR was created to correct errors and injustices of military records and his request did not fall within the purview of the Board. The ombudsman issue was previously addressed by ARBA; therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant's records show he enlisted in the Regular Army on 17 January 1974 and he held military occupational specialty (MOS) 95B (Military Policeman (MP)). Records show the highest rank/grade he attained while on active duty was private first class (PFC)/E-3.
4. He served in Germany from on or about 12 June 1974 to 26 June 1975 while assigned to the 131st MP Detachment, Heilbronn, Germany; and the 385th MP Battalion, Kaiserslautern, Germany.
5. On 10 November 1975, he was honorably discharged from active duty by reason of a hardship discharge, in the rank/grade of PFC/E-3. He completed 1 year, 9 months, and 22 days of active service with 2 days of time lost.
6. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record) shows he attained the rank/grade as follows:
Rank/Grade Date of Rank
Private (PV1)/E-1
17 January 1974
Private (PV2)/E-2
17 May 1974
PFC/E-3
1 August 1974
PV2/E-2
30 September 1974
PFC/E-3
13 March 1975
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include
attendance at basic and advanced training. It also states that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The active duty grade, rate, or rank and pay grade at the time of separation is entered in items 6a and 6b.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was last advanced to the rank/grade of PFC/E-3 on 13 March 1975. There is no evidence he ever attained the rank/grade of CPT/O-3 or CPL/E-4 during his active service. Regulatory guidance states the active duty rank/grade at the time of separation will be entered on the DD Form 214. As such, his DD Form 214 for the period ending 10 November 1975 correctly reflects his rank/grade at the time of discharge. Therefore, there is no basis for granting 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) AR20100021980
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ABCMR Record of Proceedings (cont) AR20100021980
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