IN THE CASE OF:	  

		BOARD DATE:  20 February 2014

		DOCKET NUMBER:  AR20130011140 


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 military record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his completion of Drill Sergeant School (DSS), award of the Drill Sergeant Hat and insignia, and promotion to sergeant (SGT/E-5).

2.  The applicant states:

a. on the first day of training at the DSS, the class was instructed to notify
the Charge of Quarters (CQ), if anything happened to cause them to return late from being on leave, to cover or prevent them from being reported absent without leave (AWOL);

b.  he would have completed the DSS in the rank of SGT at Fort
Jackson, South Carolina, but he returned from leave late due to the car trouble he experienced at that time;

c. he reported the issue to his unit’s CQ three times, and informed him of the
situation and his whereabouts, as he was informed to do;

d. he attended the DSS a second time at Fort Polk, Louisiana in July 1972;
and 

e. when requesting his military history two years ago, he learned he was
accused of being AWOL for the first time.

3.  The applicant provides:  

* three self-authored statements
* DA Form 2496-1 (Disposition Form)
* Discharge Order
* DD Form 4 (Enlistment Contract)
* Certificate of Training
* DA Form 20 (Enlisted Qualification Record)
* Three Weapons Qualification Orders
* Unit Alert Roster

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 military record shows he enlisted in the United States Army Reserve (USAR) on 26 May 1970, for a period of 6 years.  Item 56 (Remarks) of his DD Form 4 shows he applied for the “Through Ticket Drill Sergeant Program.”

3.  On 5 February 1971, he was ordered to active duty training (ADT) at Fort Jackson South Carolina.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Item 33 (Appointments and Reductions) of his DA Form 20 shows he was promoted to the rank of private first class/E-3 on 16 June 1971, and this was the highest rank he obtained while serving on active duty.  Item 38 (Record of Assignments) of his DA Form 20 includes an entry dated 16 April 1971, which shows he did not complete the Leadership Preparation and DSS Course.

5.  Item 38 of his DA Form 20 shows he served in the principal duty of “drill sergeant” from 5 July – 12 August 1971.  Item 42 (Remarks) includes a statement which shows he was dropped from the DSS for being AWOL from 0530 – 1540 hours on 2 August.  
6.  On 12 August 1971, the applicant was honorably released from ADT in the rank of PFC and transferred to the USAR, after completing 6 months and 8 days of creditable active duty service.  Item 25 (Military Education) includes the entry “NONE.”

7.  Item 38 of his DA Form 20 shows he served in the principal duty position of “drill sergeant” during annual training for 15 days from 15 – 30 July 1972.  On 1 July 1976, he was honorably discharged from the USAR.

8.  Army Regulation 614-200, effective 26 February 2009, prescribes the reporting, selection, assignment, and utilization of Active Army enlisted personnel.  Chapter 3 governs SQIs, additional skill identifiers, and language codes.  Chapter 8 provides for assignment to specific types of organizations and/or activities or duty positions.

		a.  Paragraph 8-13 states drill sergeants are the primary representatives of the Army during the formative weeks of an enlistee’s training; therefore, only the most professionally qualified Soldiers will be assigned to drill sergeant duty.

		b.  Paragraph 8-17 (removal from the drill sergeant program) states installation, U.S. Army Training Center, separate brigade and/or appropriate equivalent commanders may remove active duty Soldiers from the Drill Sergeant Program (while in candidate status or while assigned Drill Sergeant duties) for any of various reasons (listed).  Removal authority must be at least COL level command and may be delegated to subordinate commander or deputy commanders and/or commandants in the grade of COL or higher including commanders and/or commandants of other Services.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record and DD Form 214 should be corrected to show he completed DSS, was awarded the drill sergeant hat and insignia, and was promoted to SGT/E-5.  There is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant was dropped from the DSS course because he was reported AWOL.  While he may have temporarily performed the duty of a drill sergeant, there is no evidence to show he ever successfully completed this training or effectively held or was promoted to the rank of SGT/E-5.  Accordingly, there is no basis upon which to correct his record to show he completed the DSS training and award him the associated drill sergeant hat or insignia.

3.  Based on the applicant's removal from the DSS, he was not allowed to maintain the rank of SGT, which he was authorized to wear as a part of this training.  Further, his record confirms he was never promoted beyond the rank of PFC during his tenure on active duty.  Accordingly, there is no basis to correct his record to show he was promoted to SGT.

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)                                         AR20130011140





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ABCMR Record of Proceedings (cont)                                         AR20130011140



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