IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110010638
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 records be corrected to show he was advanced to the next higher grade.
2. The applicant states, in effect:
* he spent 2 years in the Army and the highest rank/grade he achieved was private first class
* he was never in trouble but he was over looked for a higher grade
* everyone he served with was promoted to higher grades
* he was placed in charge of his squad in Vietnam but he did not receive an advancement
* he truly earned more stripes because he is a true veteran of the United States of America
3. The applicant provides self-authored statements.
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 was inducted into the Army of the United States on 6 May 1968. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was private first class/E-3.
3. Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following appointments and reductions on:
* 6 May 1968, private/E-1
* 6 September 1968, private/E-2
* 29 November 1968, private first class/E-3
* 21 January 1970, reduced to private/E-2
* 1 April 1970, private first class/E-3
4. On 17 January 1970, the applicant was punished under the provisions of Article 15 of the Uniform Code of Military Justice for wearing his Class D uniform (fatigues) off post. His punishment included reduction to private/E-2.
5. On 5 May 1970, the applicant was honorably released from active duty due to expiration of term of service. He completed 2 years of active military service.
6. There are no orders showing the applicant was advanced to a rank/grade higher than private first class/E-3 in the available records.
7. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. This regulation prescribes the grade, rate or rank, held by an individual at the time of his or her separation, indicating whether permanent or temporary, will be entered in items 5a and 5b
of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his records be corrected to show he achieved the next higher grade was carefully considered.
2. The evidence of record shows he was advanced to private first class/E-3 on 29 November 1968 and he was reduced to private/E-2 due to misconduct in January 1970. He regained his rank of private first class on 1 April 1970.
3. There is no evidence which shows he was recommended for promotion above the rank/grade of private first class/E-3 prior to his 5 May 1970 discharge.
4. In the absence of promotion orders to show he was advanced to a higher grade, regrettably, there is insufficient evidence on which to grant his request.
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) AR20110010638
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ABCMR Record of Proceedings (cont) AR20110010638
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