IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120000715 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 July 1969 to show his Army of the United States (AUS) service as an inductee.  He also requests award of the Army Good Conduct Medal and promotion to sergeant/E-5.

2.  The applicant states:

* He was drafted and he was inducted into the AUS on 19 July 1966
* He enlisted in the Regular Army (RA) a few days later, but his
DD Form 214 only shows his RA service
* He thinks he should have received the Army Good Conduct Medal
* He should have been promoted to E-5 because he was in an E-5 position for which he was trained and experienced for several months

3.  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 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 was inducted into the AUS on 19 July 1966.  On 22 July 1966, he was honorably discharged for the purpose of immediate enlistment in the RA.

3.  Item 24b (Total Active Service) of the DD Form 214 he was issued for the period ending 22 July 1966 shows he completed 4 days of total active service.

4.  He enlisted in the RA on 23 July 1966 for a period of 3 years.  He served as a postal clerk in Vietnam and he was honorably released from active duty on
22 July 1969 in the temporary rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

5.  His DD Form 214 he was issued for the period ending 22 July 1969 shows in:

* Item 5a (Grade, Rate or Rank) the entry "SP4 (T(emporary)) See (item) 30"
* Item 5b (Pay Grade) the entry "E-4"
* Item 6 (Date of Rank) the entry "1 Sep(tember) (19)68"
* Item 22a(2) (Other Service) the entry "0  0  4" (4 days referring to his AUS service from 19 July 1966 to 22 July 1966)
* Item 30 (Remarks) the entry "Item #5 – PFC (private first class) (P(ermanent)) Aptd (appointed) 27 Jan(uary) (19)67" 

6.  There are no orders for the Army Good Conduct Medal in the available records.  

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received a "good" conduct and efficiency rating for the period 6 February 1967 to 19 August 1967.

8.  Item 33 (Appointments and Reductions) of his DA Form 20 shows he was:

* appointed to E-3 (P) effective 27 January 1967
* appointed to E-4 (T) effective 1 September 1968


9.  There is no evidence of record which shows he was recommended for promotion to E-5 by a promotion selection board and placed on a permanent recommended promotion prior to his release from active duty on 22 July 1969.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Paragraph 5-5 of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states to standardize promotion qualification throughout the Army Reserve and to ensure promotion of the best qualified Soldiers, recommendation by a promotion selection board and placement on a permanent recommended promotion list is required for all promotions to sergeant and staff sergeant.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was inducted into the AUS on 19 July 1966 and he was discharged four days later on 22 July 1966 for enlistment in the RA.  He was issued a DD Form 214 for this period of service.  This service is also properly shown in item 22a(2) of his DD Form 214 for the period ending 22 July 1969.  A copy of the applicant's DD Form 214 for the period ending 22 July 1966 will be provided to him with these Proceedings.

2.  There are no orders for the Army Good Conduct Medal in the available records.  His military record shows he had a "good" conduct and efficiency rating during the period 6 February 1967 to 19 August 1967, which is a disqualifying factor for award of the Army Good Conduct Medal.

4.  His contention he should have been promoted to E-5 because he was in an
E-5 position for several months was noted.  However, since there is no evidence of record which shows he was recommended for promotion to E-5 by a promotion selection board and placed on a permanent recommended promotion list prior to his release from active duty on 22 July 1969, there is insufficient evidence on which to grant his request for a promotion to E-5.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120000715



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ABCMR Record of Proceedings (cont)                                         AR20120000715



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