IN THE CASE OF:    

		BOARD DATE:  27 October 2015	 

		DOCKET NUMBER:  AR20150001688 


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 (Report of Separation from Active Duty) to show he was authorized the Overseas Service Ribbon (OSR) and the Army Service Ribbon (ASR).  He also requests a promotion to master sergeant (MSG)/E-8.

2.  The applicant states:

a. He believes that the circumstances that resulted in his placement on the 
permanent disability list should allow him to be retired at the MSG/E-8 rank.

b. He reported numerous times to the hospital over 3 years from 1974 
to 1977, complaining of symptoms that were initially dismissed as minimal concern.  He had pain, bloody stools and a general feeling of fear; he was treated for hemorrhoids.

c. Eventually, the pain was so bad that he went to an Army hospital, was 
diagnosed with severe ulcerative colitis, and was told he had a 20 percent chance of survival.

d. He was medically retired on 21 March 1978, and began to start his life
over again.

e. He harbors no ill feelings against those charged with his medical care for 
their failure to diagnose him sooner, but he resents them from taking away the only career he had ever known.  He enlisted with the intention of serving no less than 20 years.

f. He believes based on his early military accomplishments and recognition 
while in the Army, had he stayed in, he would have made MSG/E-8.

g. Presently, he receives disability compensation from the Department of 
Veterans Affairs at a rate of 100 percent for ulcerative colitis, Agent Orange related chronic lymphocytic leukemia and post-traumatic stress disorder.  

h. These requests are appropriate and he would appreciate consideration to 
be advanced on the retired list to MSG/E-8 and authorization to wear the ASR and OSR.

3.  The applicant provides:

* a self-authored letter
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Letter of recommendation for promotion to MSG/E-8 dated 27 May 1977
* Retirement Orders effective 20 March 1978
* Military Awards
* Civilian Awards
* Page 3 of DA Form 20 (Enlisted Qualification Record)
* DA Form 2166 (Enlisted Efficiency Report)
* Articles from his book, “Veterans’ Reflections- History Preserved”

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 had prior Regular Army service and reenlisted on 
31 March 1976.  

3.  Orders D45-23, Department of the Army, U.S. Army Military Personnel Center, Alexandria VA, dated 6 March 1978, show that on 20 March 1978, he was retired due to disability.  

4.  The applicant’s DD Form 214 shows he had 12 years, 8 months and 15 days of total active duty service.

5.  The applicant’s record is void of documentation to show he was selected for promotion to MSG/E-8.  

6.  The applicant has provided a copy of his promotion recommendation to MSG/E-8 from his executive officer, dated 27 May 1977.  In addition, he provides records of awards he received while in the military and post-service.

7.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The ASR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 
1 August 1981 provided they had an Active Army status on or after 
1 August 1981.

	b.  The OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The OSR may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

DISCUSSION AND CONCLUSIONS:

1.  The circumstances leading to the applicant's retirement were unfortunate; however, in the absence of documentation showing he was actually selected for promotion to MSG/E-8, these circumstances do not form a basis for correcting his record to show he was promoted to that rank/grade.  

2.  The OSR and the ASR were not established until 1981, after his release from active duty service.  

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)                                         AR20140005906



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ABCMR Record of Proceedings (cont)                                         AR20150001688



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