IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110014313
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his rank as corporal (CPL) instead of specialist four (SP4).
2. The applicant states he should have been laterally appointed as a CPL because he graduated from the Noncommissioned Officer (NCO) Academy.
3. The applicant provides 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 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 Regular Army on 12 January 1977 for a period of 3 years, training as an infantryman, and assignment to Europe. He completed basic training at Fort Bliss, Texas, and advanced individual training at Fort Benning, Georgia, before being transferred to Germany for assignment to an artillery battery as a security guard.
3. He was advanced to the rank of SP4 on 7 June 1978. On 6 October 1978, he graduated from the Primary Noncommissioned Officer Course (PNCOC) Combat Arms.
4. He continued to serve in the rank of SP4 until he was honorably released from active duty 11 January 1980 due to completion of required service. He completed 3 years of total active service.
5. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, served as the authority for enlisted promotions. It provided that a commander could laterally appoint members serving in the rank of SP4 to the rank of CPL upon completion of an NCO-producing course provided the table of distribution for the unit allowed for such ranks. The table of distribution for combat arms units provided allowances for one CPL for each 12 SP4's.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been appointed as a CPL upon graduation from PNCOC has been noted and appears to lack merit.
2. The regulation in effect at the time provided that commanders could appoint members to rank of CPL upon completion of a NCO-producing course provided the table of distribution for the unit allowed such appointments. While it is difficult at best to determine what happened 30+ years ago, it must be presumed that the commander either did not elect to appoint the applicant as a CPL or the unit's table of distribution at the time did not allow him to do so.
3. In any event, it was the commander's decision at the time and the applicant failed to show through the evidence of record or evidence submitted with his application that an error or injustice exists in his case.
4. Accordingly, there appears to be no basis to grant the applicant's request for appointment as a CPL.
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 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) AR20110014313
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ABCMR Record of Proceedings (cont) AR20110014313
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