IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120004060 


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 the promotions that he was never given because he was a loss to the Army. 

2.  The applicant states his rank should be that of a chief warrant officer four (CW4) because he knows he can build an M1A1 Abrams Tank by himself.  He also states he needs the rank for retirement at age 65.  He is a disabled veteran and he believes he has earned this rank.  His transcripts will show what he is qualified to be or what he is capable of achieving.

3.  The applicant provides:

* Student Transcripts
* DA Form 2-1 (Personnel Qualification Record)
* Orders 118-095 (discharge orders)
* Return address on an envelope
* Certificate of basic training
* Certificate of completion of advanced individual training
* Certificate of affiliation
* Combination Welder Diploma

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's records show he enlisted in the Missouri Army National Guard (MOARNG) in the rank/grade of private/E-1 on 12 August 1993. 

3.  He entered active duty for training on 15 November 1993.  He completed the training requirements and he was awarded military occupational specialty (MOS) 63G (Fuel and Electric Systems Repairer).  He was honorably released from active duty on 25 May 1994.

4.  He was promoted in the ARNG to private (PV2)/E-2 on 9 June 1994 and private first class (PFC)/E-3 on 15 October 1994. 

5.  He was honorably discharged from the ARNG on 1 February 1995 for the purpose of enlistment in another component.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows in:

* Items 5a (Rank) and 5b (Pay Grade) the entries "PFC" and "E-3" respectively
* Item 6 (Date of Rank) shows the entry "94  10  15"

6.  He enlisted in the Regular Army in the rank/grade of PV2/E-2 for a period of 
3 years on 2 February 1995 and proceeded to Fort Benning, Georgia, for infantry training.

7.  On 23 February 1995, he was admitted to the Inpatient Psychiatry Service, Martin Army Community Hospital, Fort Benning, Georgia, because of psychotic content and suicidal ideation.  The military chief of inpatient psychiatry remarked that the applicant was diagnosed with a psychotic episode and his episode was resolved.  He further noted that he met retention standards and did not possess a psychiatric disease or defect that warranted disposition through medical channels.  The chief further stated the applicant's psychotic episode was not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification.  He also stated it was unlikely efforts to rehabilitate or develop the applicant into a satisfactory member of the Army would be successful and that the applicant's disorder was so severe that his ability to function effectively in the military was significantly impaired.  The chief concluded that the applicant did not meet mental soundness standards and that he was cleared for any administrative action by his chain of command.

8.  On 28 February 1995, the applicant’s immediate commander advised him that he intended to recommend his discharge from the Army under the provisions of paragraph 11-2 of Army Regulation 635-200 (Personnel Separations), by reason of failure to meet and maintain the standards expected of an infantry Soldier and his inability and/or his unwillingness to adjust due to his inability to adapt.

9.  On 28 February 1995, the applicant acknowledged receipt of the notification of separation memorandum and on 6 March 1995, he consulted with legal counsel and was advised of the basis for the contemplated separation action under the provisions of chapter 11 of Army Regulation 635-200, the effect on future enlistment in the Army, the possible effects of his discharge, and of the procedures and rights that were available to him.  He further acknowledged he understood that if his discharge was approved he could encounter substantial prejudice in civilian life. 

10.  The separation authority approved the applicant's discharge action with an entry level separation (uncharacterized) character of service.  Accordingly, the applicant was discharged on 13 March 1995.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) confirms he completed 1 month and 
12 days of creditable active military service.  This form also shows in:

* Item 4a (Grade, rate or Rank) and 4b (Pay Grade) the entries "PV2" and "E-2" respectively
* Item 12h (Effective Date of Pay Grade) - "1995  02  02"

11.  There is no evidence in his records that shows he was appointed as a warrant officer of the Army subsequent to this discharge.  Additionally, there is no indication he had any military status beyond his discharge date. 

12.  He submitted various documents that are not related to promotions and include student transcripts, certificates of basic and advanced individual training, a certificate of affiliation, and a welding diploma. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the ARNG between 12 August 1993 and 1 February 1995.  The highest rank/grade he attained during this period of service was PFC/E-3 which is correctly shown on his NGB Form 22.

2.  He also served in the Regular Army from 2 February to 13 March 1995.  He held the rank/grade of PV2/E-2 at the time of discharge from the Regular Army.  This rank/grade is correctly shown on his DD Form 214 for this period of service. 

3.  In view of the foregoing, there is insufficient evidence to promote him to CW4 or any other rank in this case.

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)                                         AR20120004060



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ABCMR Record of Proceedings (cont)                                         AR20120004060



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