IN THE CASE OF:	  

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140011829 


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) to show: 

* he retired in the rank/grade of sergeant first class (SFC)/E-7
* he completed additional military occupational specialties (MOS) 

2.  The applicant states he served in Korea from 1968 to 1969.  While there, he made SFC/E-7.  He was reduced to staff sergeant (SSG)/E-6 but he was told after 20 years his grade would be reinstated.   He completed 20 years of active service and he believes he should have retired as a SFC/E-7.  Additionally, he held other MOS's which are not listed on his DD Form 214.

3.  The applicant provides a certificate of training.

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.  He was inducted into the Army of the United States on 13 February 1953 and held MOS 1844 (Cannoneer).  He was honorably released from active duty on 21 January 1955.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) listed his specialty number. 

3.  He enlisted in the RA on 7 February 1955.  He held MOS 141.60 (Light and Medium Field Artillery Crewman).  He was honorably discharged on 6 February 1961 for the purpose of reenlistment.  His DD Form 214 listed his specialty number as 141.60.

4.  He reenlisted in the Regular Army (RA) on 7 February 1961 and he held MOS 13B (Light and Medium Field Artillery Crewman).  He was honorably discharged in the rank/grade of SSG/E-6 on 8 February 1967 for the purpose of reenlistment.  His DD Form 214 listed his specialty number as 13B.

5.  He reenlisted in the RA on 9 February 1967.  He served in Korea from 17 January 1968 to 17 April 1969.  He was advanced to SFC/E-7 on 14 February 1969 by authority of Special Orders Number 46, issued by Headquarters, 2nd Infantry Division.

6.  On 18 March 1969, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for absenting himself from his appointed place of duty in violation of a written order of quarantine of 2nd Infantry Division personnel from 14 February to 3 March 1969 and for being absent from his unit on 1 March 1969. 

7.  His punishment consisted of a reduction to SSG/E-6 and a written reprimand. He appealed his punishment on 18 March 1969.  However, his appeal was denied by the Commanding General, I Corps, on 11 April 1969.

8.  He was honorably discharged in the rank/grade of SSG/E-6 on 14 January 1970 for the purpose of reenlistment.  His DD Form 214 listed his specialty number as 13B.

9.  He reenlisted in the RA on 15 January 1970 and he continued to hold MOS 13B.  He served in Vietnam from September 1970 to September 1971.  Following completion of his Vietnam tour, he was reassigned to Fort Sill, OK.  

10.  On 5 February 1973, he accepted NJP under the provisions of Article 15 of the UCMJ for being incapacitated for the proper performance of his duties as a result of previous indulgence in intoxicating liquor. 

11.  Following approval of his request for voluntary retirement, Headquarters, U.S. Army Field Artillery Center, Fort Sill, published Special Orders Number 13 ordering his transfer to the transition center and retirement in the rank/grade of SSG/E-6 effective 1 April 1973.  

12.  He retired on 31 March 1973 and he was placed on the Retired List in his retired rank/grade of SSG/E-6, effective 1 April 1973.  He completed 20 years, 1 month, and 16 days of active service.  His DD Form 214 shows in: 

* Item 5a (Grade, Rate or Rank) – SSG
* Item 5b (Pay Grade) – E-6
* Item 6 (Date of Rank) – 18 March 1969
* Item 23a (Specialty Number and Title) – 13B4O, 12 December 1955, Field Artillery Crewman (tested in MOS February 1972 and score)

13.  He provides a certificate of training dated 10 April 1968 that shows he completed the Straight Scope Operator's Training Course, Modified, at Camp Pelham, Korea. 

14.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* Item 22 (MOS), he was awarded primary MOS 13B on 12 December 1955 and secondary MOS 63C (General Vehicle Repairman) on 18 July 1967
* Item 33 (Appointments and Reductions), he was advanced to SFC/E-7 on 14 February 1969 and reduced to SSG/E-6 on 18 March 1969

15.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.

16.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of 



the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states:

* items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders
* item 6 shows the date of rank
* item 23a lists the primary specialty code and number

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant accepted NJP under the provisions of Article 15 of the UCMJ that resulted in his reduction from SFC/E-7 to SSG/E-6 on 18 March 1969.  He held the rank/grade of SSG/E-6 from the date of reduction to the date of retirement.  There is no evidence in his records and he provides none to show he was selected for promotion back to SFC between the date of reduction and the date of retirement.  As such, his DD Form 214 correctly lists his rank/ grade, and date of rank.  Additionally, because he did not serve satisfactorily in the rank/grade of SFC/E-7, he is not entitled to retire in that rank/grade.  There is neither an error nor an injustice.  He is not entitled to this portion of the requested relief

2.  The applicant held an artillery MOS throughout most of his military service.  Although he was awarded secondary MOS 63C on 18 July 1967, the regulation governing the preparation of the DD Form 214 at the time of his retirement required an entry for the primary MOS.  His primary MOS was 13B.  It is correctly listed in item 23a of his DD Form 214 and there is no reason to change it.  There is neither an error nor an injustice.  He is also not entitled to this portion of the requested relief.

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)                                         AR20140011829





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ABCMR Record of Proceedings (cont)                                         AR20140011829



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