IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000651 


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 (Certificate of Release or Discharge from Active Duty) to reflect his overseas tour in Germany, deployment in support of Operation Desert Storm, award of the Purple Heart, and rank/grade of sergeant first class/E-7.

2.  The applicant states:

* his records got mixed up with those of another Soldier, to include the erroneous garnishment of his pay
* none of his overseas tours, to include Germany and service in support of Operation Desert Storm, are reflected on his DD Form 214
* he received a Purple Heart during Operation Desert Storm, which is likewise not reflected on his DD Form 214
* he retired from the Army at the grade of E-7
* he lost all documentation in his possession during a tornado in Zebulon, North Carolina, on 13 April 2000

3.  The applicant provides no additional evidence.

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.  After a brief period in the U.S. Army Reserve Delayed Entry Program, the applicant enlisted in the Regular Army on 2 February 1982.

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II), shows:

* completion of basic combat training and advanced individual training at Fort Jackson, South Carolina in June 1982
* assignment to Headquarters and Headquarters Battalion, 2nd Battalion, 51st Air Defense Artillery, as of 25 June 1982
* his promotion to the rank/grade of private/E-2 on 2 August 1982

4.  On 19 August 1982, his unit commander notified him of his intent to initiate action to release him from active duty for transfer to the Individual Ready Reserve under the provisions of the Expeditious Discharge Program (EDP) and that he was recommending the applicant receive an honorable discharge.  The unit commander cited the applicant’s poor attitude, lack of motivation, lack of self-discipline, and inability to adapt to socially or emotionally to military service as the basis for the action.

5.  On 24 August 1982, he acknowledged receipt of the notification and indicated he understood he may expect to encounter substantial prejudice in civilian life should his service be characterized as under honorable conditions.  He did not submit statements in his own behalf.

6.  The separation authority approved the separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-31, for failure to maintain acceptable standards for retention and he was separated accordingly on 20 September 1982.  His DD Form 214 shows:

* his name and social security number as they appear on his application to the Board
* he was credited with 7 months of net active service with no foreign service annotated
* his rank/grade at the time of separation as private/E-2
* he was awarded the Army Service Ribbon and Sharpshooter Marksmanship Qualification Badge

7.  There is no evidence in the applicant’s military record that he advanced beyond the grade/rank of private/E-2, had any foreign service, deployed in support of Operation Desert Storm, or was awarded for or eligible for award of the Purple Heart.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-31, then in effect, provided the policy and outlined the procedures for separating individuals under the EDP.  The EDP provided for the separation of Soldiers who demonstrated they could not or would not meet acceptable standards required of enlisted personnel.  An honorable discharge or a general discharge could be issued under this program.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotions and reductions of Army enlisted personnel.  It states the eligibility criteria for automatic promotion to private/E-2, private first class/E-3, and specialist E-4 are as follows:

* promotion to private/E-2 is 6 months of time in service
* promotion to private first class/E-3 is 12 months of time in service and 
4 months of time in grade
* promotion to specialist/E-4 is 24 months of time in service and 6 months of time in grade

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to reflect his overseas tour in Germany, deployment in support of Operation Desert Storm, award of the Purple Heart, and rank/grade of sergeant first class/E-7 was carefully considered.


2.  The applicant’s military record, to include his DD Form 214, shows he served on active duty for 7 months prior to his separation under the EDP.  There is no evidence of record and the applicant has not provided any corroborating his contention that he deployed in support of Operation Desert Storm, served in Germany, was awarded or eligible for award of the Purple Heart, or attained the rank/grade of sergeant first class/E-7 or was eligible for promotion beyond private/E-2.

3.  Although the applicant claims his records were confused with those of another Soldier, his name and social security number as they appear on his application to the Board match those of the military records under review and he did not provide additional evidence.

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)                                         AR20150000651





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ABCMR Record of Proceedings (cont)                                         AR20150000651



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