IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150006286 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 his military records be corrected to show he: * was enlisted as a private first class (PFC)/pay grade E-3 * received a promotion to specialist four (SP4)/pay grade E-4 upon completion of basic combat training (BCT) * received a promotion to specialist five (SP5)/pay grade E-5 upon completion of advanced individual training (AIT) 2. The applicant states when he entered the Army over 40 years ago he was told that because he had completed 2 years of college he would enter BCT as a PFC, be promoted to SP4 upon completion of BCT, and be promoted to SP5 after completion of AIT. Upon entering BCT, he was given the rank of PFC. However, after completion of BCT and AIT he never received any additional promotions. He went through a major nervous breakdown sometime during AIT and never brought this to anyone's attention. His condition got worse while he was in Germany. He was sent to a hospital in Texas where he was treated for several months. He was eventually diagnosed and given an honorable medical disability after serving almost 2 years. 3. The applicant provides no additional evidence in support of his application. 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. A Military Training Certificate, Reserve Officers Training Corps (ROTC), dated 30 May 1973, certifies the applicant successfully completed 2 years of instruction in the Junior ROTC (JROTC) on June 1969. 3. Item 32 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) indicates he completed 48 semester hours at Ball State University, Muncie, IN in 1973. There are no entries indicating that he received a degree. 4. On 13 June 1973, he enlisted in the Regular Army for 2 years. His DD Form 4 (Enlistment Contract Armed Forces of the United States) provides the following information: * Item 3 (Rate/Grade) - private2/pay grade E-2 * Item 56 (Remarks) contains the entry "Ref item 3: AR 601-210, Table 2-9, Rule B (1)" 5. On 20 August 1973, he completed BCT. There is no evidence he was promoted upon completion of BCT. On 9 November 1973, he completed AIT. He was awarded the military occupational specialty 71B (Clerk-Typist). There is no evidence he was promoted upon completion of AIT. 6. On 29 March 1974, he was assigned to the 123rd Maintenance Battalion in Germany. He was assigned to the 130th General Hospital in Germany as a patient and on 25 May 1974, he was transferred to Brooke Army Medical Center at Fort Sam Houston, TX as a patient. 7. On 8 July 1974, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry at Fort Campbell, KY. On 16 July 1974, he was promoted to PFC. 8. On 29 July 1974, he was assigned to the Medical Holding Company, U.S. Army Hospital at Fort Campbell, KY. 9. On 4 September 1974, he was found unfit for duty by reason of schizophrenia, chronic, undifferentiated type. On 27 September 1974, he was retired and placed on the Temporary Disability Retired List (TDRL). His DD Form 214 (Report of Separation from Active Duty) shows his grade as PFC with a date of rank as 16 July 1974. 10. On 21 November 1977, he was found to be permanently unfit for duty. On 31 January 1978, he was removed from the TDRL and permanently retired by reason of disability. 11. Table 2-9 (Enlistment Pay Grades for personnel Without Prior Service) of Army Regulation 601-210 (Regular Army Enlistment Program), in effect at the time, provided the rules for determining the pay grade for personnel without prior service. Rule If the applicant - And enlisted - Enlistment pay was - B had participated in the JROTC by successfully completing (1) the first 2, 3, or 4 years of a prescribed Army, Navy, or Air Force program; but he had not been recommended in writing by the senior service instructor concerned within 18 months following successful completion pay grade E-2 (2) the first 3 or 4 years of a prescribed Army, Navy, or Air Force program; and if he has been recommended in writing by the senior service instructor concerned within 18 months following successful completion pay grade E-3 E had successfully completed an accredited, degree-producing college program (1) of 2 years duration and did not participate in senior ROTC within 18 months following successful completion pay grade E-3 (see Note 6) (2) of 4 years duration and did not participate in senior ROTC Within 18 months following successful completion pay grade E-3, with advancement to E-4 after four months of active military service (see Note 6) Note 6b to Table 2-9 stated documentation would consist of diploma or other college-issued evidence which indicates program completion or degree awarded. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he had 2 years of college and should have been enlisted as a PFC, promoted to SP4 upon completion of BCT, and promoted to SP5 upon completion of AIT. 2. Prior to his enlistment he had completed 2 years of JROTC. His enlistment grade was determined based of Rule B(1) of Table 2-9 of Army Regulation 601-210 as indicated on his DD Form 4. 3. Prior to his enlistment, he had completed 48 semester hours at Ball State University. However, there is no evidence of a diploma or other college-issued evidence which indicates program completion or degree awarded. Because there is no evidence he successful completed an accredited, degree-producing college program he did not meet the requirements for advanced enlisted grade under Rule E(1) in Table 2-9 of Army Regulation 601-210. 4. In order to meet the requirements under Rule E(2) in Table 2-9 of Army Regulation 601-210 for further promotion to SP4 he would had to have completed an accredited, degree-producing college program of 4 years duration. 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) AR20150006286 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006286 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1