IN THE CASE OF:
BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110008676
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged in the rank/grade of specialist five (SP5)/E-5.
2. The applicant states when he was stationed at Fort Knox, KY, he was promoted to SP5/E-5 and when he could not perform during physical training in the morning, he was constantly harassed by Sergeant First Class S-----. Additionally, when he was stationed in Berlin, Germany he tried to do what was right. It was after he left active duty that he learned he had reflex sympathetic dystrophy.
3. The applicant provides:
* Orders 058-186, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, dated 27 February 1984
* his DD Form 214
* his DA Form 2-1 (Personnel Qualification Record), last reviewed on
26 May 1983
* Multiple certificates of training, appreciation, promotion, and academic achievements
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. Having had prior enlisted service, the applicant enlisted in the Regular Army (RA) on 22 March 1977 in the rank/grade of specialist four (SP4)/E-4. He held military occupational specialty 64C (Motor Transport Operator).
3. He executed a 3-year reenlistment on 26 February 1981 and he served in a variety of stateside and/or overseas assignments. His DA Form 2-1 shows he was promoted to SP5/E-5 on 3 July 1981.
4. On 5 November 1982, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to obey a lawful order on 15 October 1982 and failing to go at the time prescribed to his appointed place of duty on 19 October 1982. His punishment included a reduction to SP4/E-4. He appealed his punishment; however, his appeal was denied.
5. Orders 058-186 shows he was honorably discharged from the RA on
27 February 1984. The DD Form 214 he was issued shows in:
* items 4a and 4b the entry "SP4" and "E-4," respectively
* item 12h (Effective date of Pay Grade) the entry "82 11 05"
6. It appears that after his discharge from active duty, he entered the Army National Guard and completed or received various training courses, certificates of achievement, certificates of promotion, and other academic achievements.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders).
DISCUSSION AND CONCLUSIONS:
1. The applicant accepted NJP under Article 15 of the UCMJ on 5 November 1982. His punishment consisted, in part, of a reduction to SP4/E-4. He appealed his punishment, which was denied. He held the rank/grade of SP4/E-4 through his discharge date. There is no evidence of record that shows he was again promoted to SP5/E-5 prior to his discharge from active duty.
2. In view of the foregoing, there is no basis for granting his 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) AR20110008676
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110008676
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120018193
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged in the rank/grade of specialist five (SP5)/E-5. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders). On 30 August 1985, he was discharged in the rank...
ARMY | BCMR | CY2015 | 20150002739
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * Rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4 * Award of the Army Commendation Medal 2. On 25 February 1980, Headquarters, U.S. Army Armor Center, Fort Knox published Orders 38-69 revoking Orders 183-40 that promoted him to SP5/E-5 but approving "defacto status for the period of the invalid promotion." Chapter 2 contains guidance on the...
ARMY | BCMR | CY2008 | 20080010111
The applicant requests, in effect, that her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show her correct rank and pay grade. After completing all required training, she was awarded military occupational specialty (MOS), 75D (Personnel Records Specialist). The available evidence also shows that the applicant received nonjudicial punishment while serving in the rank and pay grade, SP4/E-4.
ARMY | BCMR | CY2009 | 20090010202
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as sergeant (SGT). The available evidence fails to show the applicant was promoted back to either SGT or SSG subsequent to his 10 August 1981 reduction to SP4.
ARMY | BCMR | CY2012 | 20120000035
There is no evidence of record and he did not provide any evidence that shows he was re-promoted to SGT/E-5 after his reduction on 23 August 1982. There is no evidence of record that shows he was again promoted to SGT/E-5 after 23 August 1982 or prior to his discharge on 20 September 1982. ____________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.
ARMY | BCMR | CY2012 | 20120000757
Application for correction of military records (with supporting documents provided, if any). The regulation in effect at the time of the applicant's separation stated the DA Forms 2 and 2-1 were the primary source records for information for entries on the DD Form 214, along with documents on file in the MPRJ. Although there are some documents in the MPRJ listing his grade as SP4/E-4 dated after 1 April 1985, there are no orders or documents related to a reduction in grade.
ARMY | BCMR | CY2008 | 20080013615
Application for correction of military records (with supporting documents provided, if any). 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. A copy of the applicant's DA Form 2-1 (Personnel Qualification Record) shows, in item 18 (Appointments and Reductions), that the applicant was promoted to PFC effective 1 May 1980 and to SP4 effective 1 August 1981.
ARMY | BCMR | CY2008 | 20080014155
The applicant requests, in effect, that her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show: her correct rank and pay grade; that she completed an 80-hour Nuclear, Biological, and Chemical (NBC) Officer/ Noncommissioned Officer (NCO) Course in 1984; that she completed a Basic Skills Education Program (BSEP) Math Course in 1984; and that she served in a special duty assignment in 1982. Based on the evidence of record and the evidence the applicant...
ARMY | BCMR | CY2009 | 20090003136
The applicant's military personnel records show he enlisted in the Regular Army on 1 September 1983 for a period of 4 years. The applicant's DA Form 2-1 (Personnel Qualification Record) shows, in item 18 (Appointments and Reductions), that he was promoted to specialist four/pay grade E-4 effective 1 November 1985. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214 to include the Army...
ARMY | BCMR | CY2009 | 20090016769
The applicant's rank/grade appears as CPL on: * a DA Form 4187 (Personnel Action), signed by him on 20 February 1992 * separation orders, dated 24 March 1992 * a DA Form 2A (Personnel Qualification Record, Part 1), dated 18 June 1992, showing he was promotable 8. The applicant's record contains no evidence and he has failed to provide any evidence showing he was promoted to the rank/grade of SGT/E-5. Therefore, he is not entitled to correction of his records to show he was promoted.