IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20100029037
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, he be placed on the Retired List as a sergeant first class (SFC)/E-7.
2. The applicant states he received excellent Enlisted Efficiency Reports (EERs) while serving as the Operations and Training noncommissioned officer (NCO) of the Hawk Division of the Missile and Munitions Center and School, as the NCO in Charge of the Improved Hawk Course Development, and as a student company platoon sergeant. He was one of three selected to attend a TRADOC [Training and Doctrine Command] Platoon Sergeants Trainer's Course and developed the program for "MMCS." He was reassigned to Germany in November 1982. He attended the First Sergeants and Commanders Course and served as first sergeant.
3. He also states:
* he was charged with DUI [driving under the influence] and reduced to staff sergeant (SSG)/E-6 by a summary court-martial
* he is a 100% disabled veteran and had to retire from pastoral ministry
* he is 80% disabled due to Post Traumatic Stress Disorder which caused him to be an alcoholic but he was never offered treatment, not even after his DUI
* after a diagnosis and treatment he is sober
* upon his return to the United States in September 1985 he was over prescribed high blood pressure medication; he became comatose, lost cognitive reasoning, ambulation, and speech with partial paralysis
4. The applicant provides no documentary 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. He was born on 22 September 1947. He enlisted in the Regular Army on
10 July 1967 and remained on active duty through continuous reenlistments. He was promoted to SFC/E-7 effective 6 February 1979. He arrived in Germany in September 1982.
3. Records show he received excellent EERs during the period January 1979 to August 1983.
4. Records show on 19 October 1983 he was convicted by a summary court-martial of operating a vehicle while drunk in Germany and he was reduced to the rank of SSG/E-6.
5. He departed Germany in September 1985. He retired by reason of permanent disability on 8 September 1987 and he was placed on the Retired List in the rank of SSG/E-6 on 9 September 1987.
6. There is no evidence which shows he was diagnosed with alcohol abuse or dependency or any mental condition prior to his retirement.
7. Title 10, U. S. Code, section 1372(2) states that any member of an armed force who is retired for physical disability or whose name is placed on the Temporary Disability Retired List is entitled to the grade equivalent to the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired.
8. Army Regulation 15-80 establishes policies, procedures and responsibilities of the Army Grade Determination Review Board (AGDRB). It provides that, generally, service in a grade will not be considered to have been satisfactory when reversion to a lower grade was the result of the sentence of a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests he be placed on the retired list as a SFC/E-7.
2. Evidence of record shows he was promoted to SFC/E-7 in 1979 and he was reduced in rank to SSG/E-6 as a result of a summary court-martial sentence in 1983. Statutory and regulatory guidance is that service in a grade will not be considered to have been satisfactory when reversion to a lower grade was the result of the sentence of a court-martial. There is insufficient evidence that would warrant overturning that guidance in the applicant's case.
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) AR20100029037
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100029037
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