BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160001856 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 BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160001856 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. BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160001856 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 256A (Honorable Discharge Certificate), to list the rank of specialist (SPC)/E-4 vice private first class (PVT)/E-3. 2. The applicant states his DD Form 256A, dated 4 January 2000, was in storage, and he is now looking to frame his accomplishments. However, he needs to have his Honorable Discharge Certificate match his DD Form 214 (Certificate of Release or Discharge from Active Duty) and have the correct pay grade on it because he feels he is entitled to have it reflected accurately. 3. The applicant provides his DD Form 214 and DD Form 256A. 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. On 15 April 1992, the applicant enlisted in the Regular Army (RA) for 2 years and 23 weeks. 3. A DA Form 2-1 (Personnel Qualification Record) shows the applicant was promoted to SPC/E-4 with a date of rank of 1 May 1994. 4. A DA Form 7249-R (Certificate and Acknowledgement of Service Requirements and Methods of Fulfillment for Individuals Enlisting or Transferring into Troop Program Units of the Army National Guard (ARNG)/U.S. Army Reserve (USAR) upon Release from Active Duty (REFRAD)/Discharge from Active Army Service), dated 7 June 1994, shows the applicant agreed to the following terms: a. The applicant agreed to transfer to a Troop Program Unit (the 1015th Maintenance Company, Forest Park, GA) within 30 days following release from active duty. b. The applicant also agreed to continue satisfactory participation in the Ready Reserve for the remaining period of service on his current statutory obligation (5 years, 3 months, and 10 days). 5. On 22 September 1994, he was honorably released from active duty upon completion of required active service and transferred to the 1015th Maintenance Company, USAR, Forest Park, GA to complete his remaining service obligation. His DD Form 214 records his rank/grade of SPC/E-4. 6. His record contains a National Guard Bureau Form 22 (Report of Separation and Record of Service) showing he enlisted in the ARNG on 15 June 1995. It appears that, upon his enlistment, he was serving in both the USAR and the ARNG. 7. His record contains three memoranda, issued by the 1015th Maintenance Company, Forest Park GA, subject: Letter of Unexcused Absence, dated 16 August 1995, 29 September 1995, and 18 October 1995. The final notification, dated 18 October 1995 informed him he had accrued 12 unexcused absences within a 12-month period. These memoranda notified him that after he was issued a memorandum of instruction (MOI), for 9 unexcused absences within a one-year period, he would be declared an unsatisfactory participant and transferred to the Individual Ready Reserve (IRR) for the remainder of his 8-year service obligation. 8. A memorandum, issued by the 1015th Maintenance Company, Forest Park, GA, on 16 November 1995, subject: Unsatisfactory Participant (Unexcused Absence) notified the applicant that he had accumulated 9 unexcused absences within a 12 month period. The commander states, after carefully considering the applicant's complete file and any reasons he may have submitted for his absences, the commander decided not to excuse the absences. The applicant's commander declared him an unsatisfactory participant and informed the applicant he would be transferred to the Inactive Ready Reserve (IRR). 9. Orders 46-12, issued by Headquarters, 81st Regional Support Command, Birmingham, AL, dated 15 February 1996, show he was reassigned to the Control Group (Annual Training), due to Unsatisfactory Participation in the USAR, with an effective date of 15 February 1996. 10. Order 5-1, issued by the 117th Mobile Army Surgical Hospital (MASH), Georgia ARNG (GAARNG), Atlanta, GA, dated 18 April 1996, shows he was reduced in grade/rank from SPC/E-4 to PFC/E-3, effective 15 April 1996, by reason of "Inefficiency (Unsatisfactory Participation)" in accordance with National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 6-43. 11. The applicant was issued an automated separation in lieu of a NGB Form 22. This documents shows: a. the applicant enlisted in the ARNG of the United States on 15 June 1995. This form lists his rank/grade as PFC/E-3. b. The 117th Mobile Army Surgical Hospital (MASH), South Airport Road, Atlanta, GA, effected his release effective 1 June 1996 and he was transferred to the USAR Control Group (Reinforcement). c. His character of service was under honorable conditions (general). 12. Orders 088-50, issued by the State of GA, Department of Defense (DOD), Military Division, Office of the Adjutant General, Ellenwood, GA, dated 5 June 1996, show the applicant was discharged from the GA on 1 June 1996, with a general discharge (GD), in accordance with paragraph 8-27w of the NGR 600-200, and was transferred to the USAR Control Group (Reinforcement.) These orders also indicate he was issued a GD Certificate. 13. On 4 January 2000, upon completion of the applicant’s 8-year obligated service, the applicant was issued an Honorable Discharge Certificate from the USAR, in the rank/grade of PFC/E-3. 14. A DA Form 5016 (Chronological Statement of Retirement Points), dated 28 December 2017 shows the applicant was assigned to the USAR from 15 April 1994 to 4 January 2000. This document also indicates he never showed up for drill. REFERENCES: 1. NGR 600-200, paragraph 6-43 (Reduction and Restoration), states, unless otherwise directed by this regulation or the State Adjutant General, a commander who has the authority to advance/promote a Soldier to a specific rank, also has the authority to reduce that Soldier from that rank. 2. NGR 600-200, paragraph 6-44, (Causes for Reduction) states, commanders may reduce Soldiers for inefficiency, which is defined not only as technical incompetence, but also patterns or acts of conduct demonstrating that the Soldier concerned, lacks the abilities and qualities required and expected of a Solder of his or her rank and experience. Commanders may consider any acts of misconduct that include unexcused absences or unsatisfactory participation as evidence of inefficiency. 3. Army Regulation 135-178 (ARNG and USAR – Separation of Enlisted Personnel), paragraph 6 (Unsatisfactory Performance), dated 1 September 1994, establishes policy and provides procedures and guidance for separation of enlisted Soldiers of the ARNG and USAR for unsatisfactory performance. a. paragraph 6-2 states, a Soldier may be separated under this chapter when it is determined under the guidance set forth in chapter 1, section III, that he or she is unqualified for further military service by reason of unsatisfactory performance; b. paragraph 6-20 states, the service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or general as warranted by his or her military record; c. paragraph 11-1 states, the period of military service required for all enlisted Soldiers of the Army will be in accordance with applicable laws. On expiration of term of enlistment, reenlistment, or period of statutorily obligated service, the Soldier will be discharged by the separation authority. d. paragraph 13-7 states, when the immediate commander determines that the best interest of the service will be met by discharge action for unsatisfactory participation, he or she will forward a recommendation to the separation authority. e. paragraph 13-9 states, on receiving a recommendation for discharge based on unsatisfactory participation, the separation authority may discharge the Soldier from the ARNG and transfer him or her to the IRR pursuant to NGR 600-200. DISCUSSION: 1. The applicant contends that his DD Form 256A should be corrected to list his rank as SPC vice PFC. 2. In 1992, the applicant enlisted in the RA for 2 years. He was honorably released from active duty service on 22 September 1994, in the rank/grade of SPC/E-4, and was transferred to the 1015th Maintenance Company in a Selected Reserve Unit for the remaining time of his 5 year, 3 months, and 10 days of service obligation. 3. The applicant enlisted in the GAARNG on 15 June 1995, prior to the date he received his first unauthorized letter and prior to his discharge from the USAR. It appears that, even though he contracted with and was assigned to the USAR, he decided to enlist in the ARNG. 4. The applicant was issued a memorandum of instruction (MOI), for 9 unexcused absences within a one-year period from his USAR unit. 5. The evidence of record also indicates that although he enlisted in the USAR, he never reported or drilled in the USAR. 6. Order 5-1, issued by the GAARNG, dated 18 April 1996, shows the applicant was discharged from the GAARNG on 1 June 1996, in accordance with NGR 600-200, paragraph 6-43. There is no evidence to show he regained his rank or earned another promotion at a later date. As such, his DD Form 256A correctly shows his rank/grade at the time he completed his obligated service on 4 January 2000, as PFC/E-3. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001856 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001856 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2