BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011588
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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show he retired in the rank of first lieutenant (O2) or warrant officer one (WO1).
2. The applicant states, in effect, that he served as a green beret in special operations in about 55 missions and his discharge should reflect that he was retired in the rank of first lieutenant or WO1.
3. The applicant provides copies of his Department of Veterans Affairs Identification card, a page from his DA Form 20 (Enlisted Qualification Record), an order removing him from the Temporary Disability Retired List (TDRL), and his Naturalization Certificate.
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 applicants 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 applicants 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 Chicago, Illinois, on 26 June 1975, for a period of
3 years, assignment to Korea, and training as an artillery surveyor. He completed basic training at Fort Leonard Wood, Missouri and advanced individual training at Fort Sill, Oklahoma.
3. He departed Fort Sill on 21 November 1975 and he was transferred to Korea on 14 December 1975. He was assigned to Headquarters and Headquarters Battery (HHB), 6th Battalion, 37th Field Artillery Regiment, 2nd Infantry Division at Camp Essayons in Uijongbu, South Korea for duty as an instrument operator.
4. He was advanced to pay grade E-4 on 1 October 1976 and on 6 December 1976, he was transferred to Headquarters, United Nations Command/United States Forces Korea in Seoul, South Korea, where he remained until
23 February 1977, when he was transferred to Fort Bragg, North Carolina, for assignment to HHB, 1st Battalion, 39th Field Artillery Regiment, for duty as an artillery surveyor.
5. He arrived at Fort Bragg on 24 March 1977 and on 31 March 1977 he was admitted to Womack Army Hospital with a diagnosis of acute psychosis.
6. On 13 June 1977, a Physical Evaluation Board found the applicant unfit for duty and recommended that he be placed on the TDRL with a 30% disability rating for schizophrenia.
7. On 13 July 1977, he was honorably retired and he was placed on the TDRL. He had served 2 years and 17 days of total active service. On 31 January 1981, he was removed from the TDRL and he was permanently retired by reason of physical disability with a 30% disability rating.
8. A review of his official records fails to show that he was ever advanced beyond the pay grade of E-4 or that he met the qualifications for appointment as a commissioned or warrant officer.
DISCUSSION AND CONCLUSIONS:
1. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he was appointed as a commissioned or warrant officer.
2. Therefore, in the absence of such evidence, there appears to be no basis to grant the applicants 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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