IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011426 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011426 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 21 July 2016 DOCKET NUMBER: AR20150011426 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 retroactive promotion to pay grade E-4 in the Regular Army (RA). 2. The applicant states, in effect: a. He is requesting the retroactive rank in accordance with Army Regulation (AR) 601-210 (Personnel Procurement – RA Enlistment Program), paragraph 2-18(7), and the college degree he earned before entering the Army. He had completed 60 college semester units and received an Associate in Arts (AA) Degree at the time of his enlistment. b. He was inducted into the Army of the United States (AUS) on 16 September 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). Upon completion of advanced individual training (AIT), he was assigned to Fort Hood, TX and underwent two additional advanced training courses (Track Vehicle and General Vehicle Replacement). He served in Vietnam from 13 January 1971 with the 25th Infantry Division until he was wounded in action on 17 March 1971. He spent 2 months in Army hospitals and subsequently returned home. He was eventually discharged on 21 May 1971. c. During his career he never received any punitive punishment and performed his duties as requested and on-time. He believes he showed above normal intelligence as shown by his high aptitude scores. He would have made the Army proud as a career Soldier, but he was never offered the opportunity before his discharge. d. He has often wondered why he only attained the rank/pay grade of private first class (PFC)/E-3 during his illustrious Army career. He was a college graduate and had above average intelligence. His appointments were: * pay grade E-1 – at time of enlistment in September 1969 * pay grade E-2 – after completing AIT in January 1970 * pay grade E-3 – in May 1970 e. His DA Form 20 (Enlisted Qualification Record) lists his AA Degree. He also showed his degree to the clerk completing the form, but somehow it was overlooked and he was never promoted to pay grade E-4. Even though he completed two additional advanced training courses, he was not promoted to pay grade E-3 until May 1970. The fact that he was wounded in combat and was overlooked for promotion more than likely resulted in the problematic low rank at the time of his discharge. If he had enlisted in pay grade E-3, been promoted to pay grade E-4 after AIT, and to pay grade E-5 after completion of the two additional training courses, he could have possibly been promoted to pay grade E-6 at the time of his discharge from active duty and inactive duty. He did not actually serve in the U.S. Army Reserve (USAR) due to the wounds he received in Vietnam. f. He believes he is entitled to promotion to pay grade E-4 and he would like his records changed to reflect this earned promotion. He is not requesting retroactive pay, just a change in his rank. He served his country when called and performed honorably on the field of battle. He has shed blood and he would appreciate a prompt handling of his request. 3. The applicant provides his AA Diploma, DA Form 20, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty). 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 the cases 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. 2. The applicant provided an AA Diploma, dated 14 June 1968, from Pasadena City College. 3. He was inducted into the AUS, in pay grade E-1, on 16 September 1969. He held MOS 11B. 4. His DA Form 20 lists in: * Item 32 (Civilian Education) – Pasadena City College,” AA, 1968” * Item 33 (Appointment and Reductions) – He was promoted to: * Private/E-1 on 16 September 1969 * Private/E-2 on 16 January 1969 (sic, should be 1970) * PFC/E-3 on 16 May 1970 5. Special Orders (SO) Number 141, issued by Headquarters, 2nd Armored Division on 21 May 1970, promoted him to pay grade, E-3 effective 16 May 1970, under the provisions of Army Regulation 600-200 (Personnel General – Enlisted Personnel Management System), paragraph 7-20. 6. He served in Vietnam from 8 January through 28 March 1971. 7. He was honorably released from active duty on 21 May 1971 and was transferred to the USAR Control Group. He completed 1 year, 8 months, and 6 days of active service. His DD Form 214 lists in: * Item 5a (Grade, Rate, or Rank) – PFC * Item 5b (Pay Grade) – E-3 * Item 6 (Date of Rank) – 16 May 1970 8. His service record is void of any orders promoting him to pay grade E-4. His record is also void of pay records showing he was paid as an E-4 prior to his release from active duty. 9. SO Number 141, issued by Headquarters, U.S. Army Personnel Center on 21 May 1971, assigned him to the USAR, in pay grade E-3, effective 22 May 1971. The special instructions on the orders stated the individual had under 4 years of service for pay grade E-4. 10. He was honorably discharged him from the USAR effective 1 September 1975. The orders show his rank as PFC. 11. He provided a DD Form 215, dated 17 December 2002, that added several awards to his 21 May 1971 DD Form 214. REFERENCES: 1. AR 600-200, 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 the promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in orders. 2. AR 610-210 (Personnel Procurement – Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the RA, in effect at the time, prescribed the eligibility required for enlistment in the RA. The regulation stated in: a. Paragraph 2-6a – No minimum education was established for men with the emphasis toward procurement of high school graduates. b. Paragraph 13(1) – Applicants without prior service would be enlisted in pay grade E-1. 3. AR 601-210 (Personnel Procurement – RA Enlistment Program), dated 15 January 1975, stated a person enlisted in the RA without prior service would be enlisted in pay grade E-1, except as indicated in Table 2-5. Table 2-5 stated an applicant who had successfully completed a 2-year accredited college program and did not participate in the Senior Reserve Officer's Training Corps would be enlisted in pay grade E-3. 4. AR 601-210 prescribes the eligibility criteria governing the enlistment of persons in the RA and Reserve Components. The regulation states in: a. Paragraph 2-18(7) – An applicant who has successfully completed 48 or more classroom semester hours at an accredited degree granting college or university could enlist anytime at pay grade E-3. Applicants with an AA Degree would be enlisted in pay grade E-3 without regard to the number of semester or quarter hours completed. b. Paragraph 2-18a(9) – An applicant who has successfully completed a degree-producing college program of 4 years duration may enlist at any time in pay grade E-4. Advanced promotion is authorized if the college or university provides a letter stating the applicant has met all requirements for a degree, but it will not be awarded until the commencement ceremony. DISCUSSION: 1. The evidence confirms the applicant was inducted into the AUS on 16 September 1969 in pay grade E-1. He was promoted to pay grade E-2 in January 1970 and to pay grade E-3 in May 1970, this is the highest rank he attained while serving on active duty. He provided no evidence and his record is void of any orders, or other documents indicating that he was ever selected or recommended for promotion to pay grade E-4 or higher, or that he was ever promoted to a higher grade by proper authority while he was serving on active duty. 2. Regulatory guidance, in effect at the time of his induction, specified that applicants without prior service, as in his case, would be enlisted in pay grade E-1. A later and current version of the regulation specified an applicant who had completed a 2-year accredited college with an AA Degree would be enlisted in pay grade E-3. These policies did not pertain to the applicant at the time of his induction on 16 September 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011426 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011426 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2