IN THE CASE OF:  	  

		BOARD DATE:  9 December 2014	  

		DOCKET NUMBER:  AR20140006404 


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, in effect, his honorable discharge be changed to a 
20-year retirement and he also requests correction of his rank.

2.  He states he believes that he has sufficient time for retirement and an injustice was done by his chain of command pertaining to his rank.

3.  He provides:

* Self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 June 1992
* DD Form 149 (Application for Correction of Military Record), dated 11 November 2012
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 September 1971
* DD Form 214 (Report of Separation from Active Duty), for the period ending 26 September 1977
* DD Form 215 (Correction to DD Form 214)
* Revocation orders, dated 29 May 1986
* Reduction orders from staff sergeant (SSG)/E-6 to sergeant (SGT)/E-5, dated 29 May 1986
* Letter of Appreciation, dated 9 July 1986
* DA Form 3686-1 (Leave and Earnings Statement) from January 1985


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 was inducted into the Army of the United States (AUS) on 1 December 1969.  He was honorably released from active duty (REFRAD) on 10 September 1971 in the rank of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on the following day.  The DD Form 214 issued for this period shows he completed 1 year, 9 months, and 10 days of active military service.

3.  On 2 December 1974, he enlisted in the Regular Army (RA) and was honorably discharged on 26 September 1977 in the rank of SP4/E-4.  The DD Form 214 issued for this period shows he completed 2 years, 9 months, and 2 days of active military service.  

4.  He reenlisted on 27 September 1977 and he continued to serve on active duty through a series of reenlistments.  

5.  He was promoted to the rank/pay grade of specialist five (SP5)/E-5 on 10 January 1978 and to SSG/E-6 with an effective date of 1 December 1980 and a date of rank (DOR) of 12 November 1980.

6.  He provided Orders 103-105, dated 29 May 1986 published by the U.S. Army Transportation Center reducing him from SSG/E-6 to SGT/E-5, effective 19 December 1984.  Orders 104-042, dated 29 May 1986 published by the same unit revoked Orders 103-105.

7.  He was deployed to Southwest Asia from 28 August 1990 to 25 March 1991.

8.  He was discharged on 11 June 1992 under the provisions of Army Regulation 635-200, paragraph 16-8 by reason of Fiscal Year (FY) 1992 Enlisted Voluntary Early Transition Program.  He was transferred to a Reserve unit and was discharged from the Army Reserve on 16 January 1996.

9.  Block 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record) indicates his DA Forms 2 and 2-1 were forwarded for consideration by the E-7 board in 1991.  His service record is void of evidence which shows he was promoted to sergeant first class (SFC)/E-7 prior to his discharge.

10.  His DD Form 214 for the period ending 11 June 1992 shows in:

* item 4a (Grade, Rate or Rank) and 4b (Pay Grade) his rank/pay grade as SSG/E-6
* item 12c (Net Active Service This Period) he completed 14 years, 8 months, and 15 days of creditable active service this period
* item 12d (Total Prior Active Service) he completed 4 years, 7 months, and 5 days of prior active service
* item 12h (Effective Date of Pay Grade) the effective date of his pay grade E-6 as 1 December 1980

11.  He provided a self-authored statement in which he stated:

	a.  he is a Vietnam and Operation Desert Storm veteran who served from 1969 to 1971 and again from 1974 to 1992.  

	b.  he got out of the Army after Operation Desert Storm on a Special Separation Benefit (SSB).

	c.  he was diagnosed with Post-Traumatic Stress Disorder (PTSD) in 2003. He had to first pay back the money that he had gotten from his SSB discharge before he could get his benefits.

	d.  he thinks his records will show that he served nineteen years and three months on active duty and two years and some months in the “RA.”  He argues that his service should count for something because he served with honor and has nothing to show for it.

	e.  another injustice is that he was reduced in rank in November 1984.  In the following year in 1985, while he was reduced, a promotion board for supply specialist was convened in which he would have been considered for promotion.

	f.  upon restoring his rank and grade, neither his commander nor anyone in his chain of command ever told him or recommended that he should have had a relook for promotion under the same criteria that had been required for the others.

	g.  he wants to make sure justice is done so that his benefits are just and accredited fairly.  

12.  He provided a DD Form 215 dated 27 March 2014 which amended his DD Form 214 for the period ending 26 September 1977 to correct the following items to show:

* 18b (Prior Active Service) 01 09 10
* 18c (Total Active Service) 04 07 05
* 18d (Prior Inactive Service) 03 02 31
* 18e (Total Service for Pay (c+d) 07 09 26

13.  Title 10, U.S. Code (4)  Section 3914 states that, under regulations to be prescribed by the Secretary of the Army, an enlisted member of the Army who has at least 20, but less than 30 years for an active Federal service retirement may, upon his request, be retired.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was discharged on 11 June 1992 under the provisions of Army Regulation 635-200, paragraph 16-8 for FY 1992 Enlisted Voluntary Early Transition Program.  At the time he had completed 19 years, 7 months, and 20 days of active military service.  He voluntarily requested early separation.

2.  The evidence shows he did not complete a minimum of 20 years of active service.  He provides no evidence to show he performed additional active duty while in the Army Reserve.  Therefore, he was not eligible for voluntary retirement due to length of service.  

3.  Records show he was promoted to SSG/E-6 with an effective date of 1 December 1980 and a DOR of 13 November 1980.  Orders published on 29 May 1986 reduced him from SSG to SGT effective 19 December 1984.  However, it appears these orders were issued in error; therefore, the orders reducing him to SGT were revoked on the same date.

4.  Evidence shows his DA Forms 2 and 2-1 were forwarded for consideration by the SFC/E-7 board.  However, his service record is void of evidence and he has not provided any evidence which shows he was recommended for promotion to SFC/E-7 prior to his discharge on 11 June 1992.  Therefore, his DD Form 214 for the period ending 11 June 1992 properly reflects his rank/pay grade as SSG/E-6.

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)                                         AR20140006404





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ABCMR Record of Proceedings (cont)                                         AR20140006404



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