IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120002664
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) to show he was discharged in the pay grade of E-2 with a date of rank of 12 October 1967 and that his last duty assignment was Company U, Quartermaster School (QMS) Brigade, 1st Army, Fort Lee, VA.
2. The applicant states, in effect, his final DA Form 2139 (Military Pay Voucher) and Standard Form (SF) 93 (Report of Medical History) for his final physical shows he was promoted to the grade of E-2 on 12 October 1967 and that he was assigned to Company U, QMS Brigade, 1st Army, Fort Lee. However, his
DD Form 214 shows he was discharged in the grade of E-1 and he was assigned to Company B, QMS Brigade. He desires to have these errors corrected.
3. The applicant provides a copy of his:
* DD Form 214
* final DA Form 2139
* final SF 93
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 in Portland, OR on 12 June 1967 for a period of 3 years and training as a stock control and accounting specialist. He completed his basic training at Fort Lewis, WA and was transferred to Fort Lee, VA to undergo his advanced individual training on 12 August 1967.
3. He was initially assigned to Company U, QMS Brigade, and on 11 September 1967 he was reassigned to Company B, QMS Brigade, Fort Lee.
4. On 28 September 1967, the applicant's commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-212 (Personnel Separations-Discharge-Unfitness and Unsuitability) for unsuitability. The applicant waived all of his rights. The appropriate authority subsequently approved the applicant's discharge under the provisions of Army Regulation 635-212 on 24 October 1967. He directed the applicant be discharged in the grade of E-1 and issued a General Discharge Certificate.
5. Accordingly, on 26 October 1967, he was discharged under the provisions of Army Regulation 635-212 for unsuitability with a general discharge in the rank/grade of private (PV1)/D-1. He completed 4 months and 15 days of total active service. The DD Form 214 he was issued at the time shows his last duty assignment was with Company B, QMS Brigade, Fort Lee.
6. The DA Form 2139 provided by the applicant is a carbon copy and is somewhat illegible in block 15 (basic pay grade); however, it appears to indicate the grade of E-2.
7. A review of his official records failed to show any evidence indicating he had been advanced to the grade of E-2.
8. Army Regulation 600-200 (Personnel General Enlisted Personnel Management System), in effect at the time, served as the authority for enlisted
promotions. It provides, in pertinent part, that individuals undergoing separation proceedings or who are under a suspension of favorable personnel actions are in a non-promotable status.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 should reflect he was advanced to the grade of E-2 on 12 October 1967 and that he was assigned to Company U, QMS Brigade, 1st Army, Fort Lee, have been noted and appear to lack merit.
2. The applicable regulation, in effect at the time, provided that individuals who were undergoing separation proceedings were in a non-promotable status. The applicant's separation proceedings were initiated on 28 September 1967. Accordingly, he was not eligible for promotion to the grade of E-2 on 12 October 1967 while he was in a non-promotable status. His discharge approval also specifically indicated he was being discharged in the grade of E-1. Accordingly, it appears an administrative error was made by the servicing finance office during the processing of his final pay voucher.
3. Additionally, his record shows he was initially assigned to Company U, QMS Brigade, Fort Lee; however, he was reassigned to Company B, QMS Brigade, Fort Lee prior to his separation as reflected on his DD Form 214. The applicant has failed to provide sufficient evidence to show otherwise. Accordingly, there appears to be an insufficient evidentiary basis for granting this portion of the applicant's 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.
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