Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130017141
Original file (20130017141.txt) Auto-classification: Denied

		
		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130017141 


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 24 December 1969 to show his rank and pay grade as sergeant (SGT)/E-5 and his awards of the Meritorious Service Medal (MSM) and Army Commendation Medal (ARCOM).

2.  The applicant states a white male specialist five/E-5 called him a racially-derogatory name and he hit him for saying it.  He was then reduced to the rank of corporal/E-4 and his awards of the MSM and ARCOM were taken from him.

3.  The applicant provides copies of his DD Forms 214 for the periods ending 9 December 1968 and 24 December 1969.

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 with a moral waiver on 20 June 1966 for a period of 3 years.  He completed basic training at Fort Polk, Louisiana; advanced individual training as a light weapons infantryman at Fort Gordon, Georgia; and airborne training at Fort Benning, Georgia.  He was transferred to Fort Bragg, North Carolina, for his first duty assignment.

3.  On 3 October 1967, he was transferred to Vietnam with his unit and he was promoted to the rank of sergeant on 1 December 1967.

4.  On 12 September 1968, nonjudicial punishment (NJP) was imposed against the applicant for disobeying lawful orders from superior commissioned and noncommissioned officers.  His punishment included reduction to the rank of corporal/E-4.

5.  He served in Vietnam until 2 October 1968 when he was transferred to Fort Benning, Georgia.

6.  On 9 December 1968, he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted on 10 December 1968 for a period of 6 years and assignment to Panama.  His DD Form 214 for this period reflects no award of the MSM or ARCOM.

7.  On 22 February 1969, he was transferred to Panama.  NJP was imposed against him for being disrespectful in language toward a superior noncommissioned officer on 20 May 1969.  His punishment included reduction to pay grade E-3.

8.  On 25 June 1969, he was convicted by a summary court-martial of being disrespectful toward a superior noncommissioned officer.  He was sentenced to hard labor without confinement for 2 weeks, reduction to pay grade E-1, and restriction.

9.  On 17 August 1969, he was transferred as a patient to William Beaumont General Hospital at Fort Bliss, Texas.

10.  On 24 December 1969, he was released from active duty in pay grade E-2 and he was placed on the Temporary Disability Retired List (TDRL) in pay grade E-5 based on a subsequent grade determination with a 30-percent disability rating.

11.  On 30 September 1974, he was removed from the TDRL with entitlement to severance pay.

12.  A review of his official records failed to show any evidence of the applicant having been awarded the MSM or ARCOM during his active duty service.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for preparation of the DD Form 214.  It provided that the DD Form 214 would reflect information that was in effect at the time of separation or discharge.  Information that occurred subsequent to the date of discharge would not be entered retroactively on that form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 for the period ending 24 December 1969 should be corrected to show he was separated in pay grade E-5 and he was awarded the MSM and ARCOM were noted and found to lack merit.

2.  The applicant was separated in pay grade E-2 and was subsequently placed on the TDRL in pay grade E-5 based on a grade determination that E-5 was the highest grade he satisfactorily held.  However, his grade at the time of his separation was E-2 and it is properly entered on his DD Form 214.

3.  Additionally, the applicant failed to show through the evidence of record and the evidence submitted with his application that he was ever awarded either the MSM or ARCOM.

4.  In the absence of evidence to show otherwise, there appears to be no basis to grant his 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 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)                                         AR20130017141



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017141



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060003203C070205

    Original file (20060003203C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, that his bad conduct discharge (BCD) be upgraded to honorable and that his DD Form 214 be corrected to reflect all of his awards and schools. There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to...

  • ARMY | BCMR | CY2007 | 20070006299

    Original file (20070006299.txt) Auto-classification: Approved

    The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to add his Ranger Training, Infantry Noncommissioned Officer Candidate Course, and his award of the Expert Infantryman Badge. The evidence clearly and convincingly shows that the applicant completed the Ranger Course. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good...

  • ARMY | BCMR | CY2006 | 20060012247

    Original file (20060012247.txt) Auto-classification: Approved

    x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his report of separation (DD Form 214) be corrected to reflect his rank as a SP4 and his award of the Army Commendation Medal (ARCOM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was advanced to the rank and pay grade of SP4/E-4 on 30 January 1969, that he was awarded...

  • ARMY | BCMR | CY2006 | 20060001775C070205

    Original file (20060001775C070205.doc) Auto-classification: Denied

    Counsel requests, in effect, that the Board consider the applicant’s request based on the available evidence of record. However, his records do contain a duly constituted report of separation (DD Form 214), signed by the applicant, which shows that he was discharged at Fort Campbell on 16 July 1969, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. On 17 June 1974 and 12 August 1977, the Army Discharge Review Board denied the applicant's...

  • ARMY | BCMR | CY2013 | 20130000544

    Original file (20130000544.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was awarded the Army Commendation Medal (ARCOM), Army Achievement Medal (AAM) with two Oak Leaf Clusters (2OLC), and Army Superior Unit Award. His DD Form 214 should reflect award of the ARCOM, AAM (2OLC) and the Army Superior Unit Award. The applicant’s records contain documents showing that he was awarded two ARCOMs which are properly reflected on his DD Form...

  • ARMY | BCMR | CY2003 | 2003089378C070403

    Original file (2003089378C070403.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Item 38 (Record of Assignments) of the applicant’s DA Form 20 and orders on file in his Military Personnel Records Jacket (MPRJ) confirm that he attended and completed the NCO Combat Leader’s Course at Fort Benning, between 17 May and 13 August 1968. The evidence of record confirms that orders were issued...

  • ARMY | BCMR | CY2011 | 20110018221

    Original file (20110018221.txt) Auto-classification: Denied

    The applicant requests, in effect, his Army Commendation Medal (ARCOM) awarded on 17 June 2011 be upgraded to a Meritorious Service Medal (MSM). The applicant provides: * self-authored statements * ARCOM Certificate * DA Form 638-1 (Recommendation for Award) * emails * memorandum for record, dated 22 June 2011 * letter, U.S. Army Human Resources Command, Fort Knox, KY, dated 13 July 2011 * Orders Number 196-2220, Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, dated...

  • ARMY | BCMR | CY2009 | 20090011279

    Original file (20090011279.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show that he was awarded the Purple Heart for wounds received in the Republic of Vietnam. The applicant states that he should be awarded the Purple Heart for wounds received in action on 21 June 1969. _______ _ __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.

  • ARMY | BCMR | CY2011 | 20110022469

    Original file (20110022469.txt) Auto-classification: Denied

    CONSIDERATION OF EVIDENCE: 1. The certificates and citations provided by the applicant show that his awards were for meritorious service and there is no evidence in his records to show his encounters with the enemy. Although it is likely that he did encounter the enemy given he was a scout dog handler, not every infantryman in Vietnam had encounters with the enemy or were awarded the CIB simply for being an infantryman and being in country.

  • ARMY | BCMR | CY2012 | 20120008357

    Original file (20120008357.txt) Auto-classification: Approved

    The following general orders (GO) published by Headquarters, 9th Infantry Division awarded the applicant the following awards as indicated: * GO Number 7566, dated 26 August 1968, awarded him the BSM with "V" Device for heroism in Vietnam on 24 June 1968 * GO Number 8191, dated 9 September 1968, awarded him BSM with "V" Device for heroism in Vietnam on 12 and 13 August 1968 * GO Number 2550, dated 5 March 1969, awarded him the BSM (2nd OLC) for meritorious service in Vietnam for the period...