BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011943 


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, that his records be corrected to show he entered the Army in 1982 and he was discharged in the pay grade of E-4.

2.  The applicant states he was wrongfully discharged and was given an other than honorable discharge through an Army psychiatrist and was reduced to the pay grade of E-2 for no apparent reason other than because he initiated a congressional inquiry.  He goes on to state that he was reduced from the pay grade of E-4 to E-2 in less than 3 months.

3.  The applicant provides no additional documents with his application.

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 enlisted in the U.S. Army Reserve (USAR) on 10 November 1982 for a period of 6 years under the delayed entry program (DEP).  After serving 2 months and 23 days in the DEP he enlisted in the Regular Army on 3 February 1983 for a period of 3 years and training as a power generation equipment repairer. 

3.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training at Fort Belvoir, Virginia and was transferred to Fort Stewart, Georgia for his first duty assignment.  He was advanced to the pay grade of E-4 on 1 July 1984.

4.  He was transferred to Germany on 12 August 1984 and elected to serve an accompanied tour.

5.  On 16 January 1987 nonjudicial punishment (NJP) was imposed against the applicant for being disrespectful in language towards a superior noncommissioned officer.  His punishment consisted of a reduction to the pay grade of E-3 (suspended until 15 May 1987), a forfeiture of $190.00 (suspended until 15 May 1987), and 14 days extra duty.  He did not appeal the punishment.

6.  On 19 January 1987 the imposing commander vacated the suspended punishments imposed on 16 January 1987 because the applicant failed to go to his place of duty.  Accordingly, the applicant was reduced to the pay grade of    E-3.

7.  On 21 April 1987 NJP was imposed against the applicant for willfully disobeying a lawful order from a superior noncommissioned officer.  His punishment consisted of a reduction to the pay grade of E-2, a forfeiture of $172.00, 14 days extra duty and restriction.  He did not appeal the punishment.

8.  All of the facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records as they were loaned to the Department of Veteran Affairs (VA) in Denver, Colorado.  However, his records show that the appropriate authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder on 27 April 1987 and directed that the applicant be furnished an Honorable Discharge Certificate.

9.  Accordingly, he was honorably discharged in the pay grade of E-2 on 8 May 1987, under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.  He had served 4 years, 3 months and 6 days of total active service.

10.  His DD Form 214 issued at the time of his discharge shows that his date of rank as an E-2 was 21 April 1987 (the date of his reduction to E-2) and that he entered active duty on 3 February 1983.  It also shows that he had 2 months and 23 days of prior inactive service (time in DEP).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his records should show he entered the Army in 1982 and he was discharged in the pay grade of E-4 have been noted and appear to lack merit.

2.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty in the Regular Army on 3 February 1983 and it also reflects in block 12e his 2 months and 23 days of prior inactive service in the DEP.

3.  The evidence of record shows NJP was imposed against the applicant on two occasions and he was reduced one grade during each of the proceedings.  The evidence shows the applicant was aware of the basis for each and elected not to demand trial by court-martial or appeal the punishment.

4.  Accordingly, the applicant has failed to show through the evidence of record that his record is in error as he contends and therefore there appears to be no basis 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)                                         AR20110011943





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ABCMR Record of Proceedings (cont)                                         AR20110011943



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