IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140020007 


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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

* amend items 4a (Grade, Rank, or Rate) and 4b (Pay Grade) to show staff sergeant (SSG)/E-6 instead of specialist five (SP5)/E-5
* add the Army Commendation Medal to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)

2.  The applicant states, in effect:

	a.  Although he was reduced in rank as a result of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), this reduction was suspended for 90 days.  He was subsequently discharged due to being a single parent.

	b.  The Army Commendation Medal was never added to his DD Form 214.

3.  The applicant provides his DD Form 214 and an Army Commendation Medal awards 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 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 on 21 December 1972.  After completing initial training, he was awarded military occupational specialty 94B (Food Service Specialist).  The highest rank/grade held was SSG/E-6.

3.  His records contain a DA Form 2627 (Record of Proceedings under Article 15, UCMJ) showing he accepted NJP on 1 February 1983.  The punishment states he was to be reduced to SP5/E-5, but this was suspended until 1 May 1983.

4.  Also in his record is a DA Form 2627-2 (Record of Supplementary Action under Article 15, UCMJ) wherein the officer who imposed the previous NJP vacated the suspended reduction.  The signature date of this action is not legible, but the document shows the vacation was based on the applicant's failure to be at his appointed place of duty at the time prescribed (failure to repair) on 21 February 1983.

5.  He was honorably released from active duty on 5 July 1983.  His 
DD Form 214 shows he completed 1 year, 11 months, and 13 days of net active creditable service for that period, with 8 years, 7 months, and 2 days of prior active service.  His rank/grade is shown as SP5/E-5.  His DD Form 214 does not show award of the Army Commendation Medal.

6.  His DA Form 2-1 (Personnel Qualification Record - Part II) contains the following entries:

	a.  Item 9 (Awards, Decorations, and Campaigns) does not list the Army Commendation Medal.

	b.  Item 18 (Appointments and Reductions) shows the applicant's last rank listed was SP5, with a date of rank showing as 1 February 1983 (the date of the NJP).  A note refers to information in item 27.

	c.  Item 27 (Remarks) stated the applicant was reduced in rank as a result of action under Article 15, UCMJ.  This reduction was suspended until 1 May 1983, but then vacated on 10 March 1983.
7.  Permanent Orders (PO) Number 313-008, dated 9 November 1979, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, awarded the Army Commendation Medal to the applicant for meritorious service during the period 27 September 1975 to 1 September 1979.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214. 

	a.  Regarding items 4a and 4b, enter the grade and pay grade (respectively) in which the Soldier is serving at the time of separation.

	b.  As to item 13, enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

The applicant requests corrections and additions to his DD Form 214 for the period ending 5 July 1983.

	a.  Regarding his request to have his rank/grade shown as SSG/E-6, his record shows:

* he received NJP on 1 February 1983 with a punishment of reduction in rank from SSG/E-6 to SP5/E5; the reduction was suspended until 1 May 1983
* on 10 March 1983, the suspension was vacated; this action reduced him in rank/grade to SP5/E-5 effective the date of the original NJP (1 February 1983)
* his record contains no recommendations for promotion to SSG/E-6 or orders showing promotion dated after 10 March 1983

	b.  As to the addition of the Army Commendation Medal to his DD Form 214, in addition to the copy of the awards certificate provided by the applicant his records contain the order which authorized this award.  His DD Form 214 should therefore be amended to show this award.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214, for the period ending 5 July 1983, to show the award of the Army Commendation Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 for the period ending 5 July 1983 to show his rank/grade as SSG/E-6.




      _______ _   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)                                         AR20140020007



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ABCMR Record of Proceedings (cont)                                         AR20140020007



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