IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150011713 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: 7 June 2016 DOCKET NUMBER: AR20150011713 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: 7 June 2016 DOCKET NUMBER: AR20150011713 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 his: * rank/grade as private (PV2)/E-2 * education and training completed to include his Noncommissioned Officer (NCO) education classes 2. The applicant states the record is not currently accurate. He wants it corrected to reflect his true military history. 3. The applicant provides his DD Form 214. 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 in the rank/grade of private (PV1)/E-1 on 22 December 1972. He completed basic combat training at Fort Ord, CA. 3. On 5 February 1973, at Fort Ord, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without authority from 3 to 4 February 1973. 4. He was reassigned to the 3rd Battalion, 1st Training Brigade, Fort Knox, KY, for completion of advanced individual training. 5. On 9 April 1973, at Fort Knox, he accepted NJP under the provisions of Article 15 of the UCMJ for failing to go at the time prescribed to his appointed place of duty. 6. On 23 April 1973, he submitted an application for separation from service by reason of erroneous enlistment or induction, and on 25 April 1973, the separation authority approved his request. 7. On 26 April 1973, Headquarters, U.S. Army Armor Center, Fort Knox, published Special Orders Number 82 ordering his discharge effective 27 April 1973. The orders listed his rank as PV1. 8. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 27 (Military Education), no entries * Item 33 (Appointments and Reductions), the rank of PV1 effective 22 December 1972 * Item 33, an entry for advancement to PV2 is lined through 9. He was honorably discharged from active duty on 27 April 1973. His DD Form 214 shows he completed 4 months and 6 days of active service. It shows in: * Items 5a (Grade, Rate or Rank) and 5b (Pay Grade), PV1 and E-1 * Item 6 (Date of Rank), 22 December 1972 * Item 25 (Education and Training Completed), None REFERENCES: 1. 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 part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. 2. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of their military service. Chapter 2 contained guidance on the preparation of the DD Form 214. It stated * items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank * item 25 of the version in effect at the time listed training courses completed during the period covered by the DD Form 214 DISCUSSION: 1. The evidence of record shows the applicant enlisted in the rank/grade of PV1/E-1 on 22 December 1972. At the time of his separation on 27 April 1973, he held the rank/pay grade of PV1/E-1. His record is void of orders advancing him to E-2 and item 33 of his DA Form 20 shows the entry for promotion to E-2 is lined through. Promotions/advancements of enlisted personnel were announced in orders. In the absence of such orders and/or the authority for this promotion, there is insufficient evidence to grant the applicant the requested relief. 2. There is no evidence in his records and he provides none to show he completed any education/NCO classes during his 4 months and 6 days of active service. In the absence of a certificate of training, academic report, or other documentary evidence confirming this education, there is insufficient evidence to list training on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011713 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011713 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2