IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150008600 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: 19 April 2016 DOCKET NUMBER: AR20150008600 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: 19 April 2016 DOCKET NUMBER: AR20150008600 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 retirement pay grade be changed from E-7 to E8/E9. 2. The applicant states, in effect, that he was erroneously discharged after completing 13 years of service with 5 years in pay grade E-7, and with no explanation for the discharge. It took him 8 years to get back into the service to complete a total of 28 years, including active Reserve time. When he was allowed to reenter the service he was promised pay grade E-7, but he was only allowed to reenter in pay grade E-5 and he was promoted to pay grade E-6 within 90 days. He did not get pay grade E-7 while still in the service. He subsequently spent 10 years on the retirement list before getting this grade. 3. He was not provided an explanation or reason for his discharge and this played a large role in the 8 years it took him to return to service. 4. He served in Vietnam in 1968 during the Tet Offensive and he was awarded several medals including the Bronze Star Medal. Based on these accomplishments he does not believe he should have been considered for discharge. He also believes his service during this time warranted the Silver Star and that he would not have been discharged if he had received this award. 5. The applicant provides: * DD Form 214 (Report of Separation from Active Duty) with an effective date of 23 November 1973 * DD Form 214 with a separation date of 28 February 1982 * Record of Assignments from his DA Form 20 (Enlisted Qualification Record) * National Guard (NGB) Form 22 (Report of Separation and Record of Service), with an effective date of 5 November 1980 * two certificates of retirement 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 17 August 1960, he was inducted into the Army of the United States. On 27 October 1960, he was discharged and immediately reenlisted in the Regular Army for 3 years. On 25 October 1963, he was released from active duty and transferred to the U.S. Army Reserve (USAR). 3. On 10 December 1963, he enlisted in the Regular Army for 6 years. He served in the Republic of Vietnam from 5 February 1968 - 4 February 1969. 4. On 10 November 1968, he was promoted to sergeant first class (SFC)/pay grade E-7. On 26 November 1969, he immediately reenlisted for 4 years. He served in the Republic of Vietnam from 2 November 1971 - 22 June 1972. 5. A letter, dated 30 January 1973, from the Department of the Army (DA), Office of the Adjutant General notified the applicant a DA Qualitative Screening Board (DAQSB) determined he should be denied further reenlistment. a. The purpose of the DAQSB was to identify those personnel to be denied further reenlistment. b. The determination that he should be denied further reenlistment was made after a comprehensive and impartial review of his military records and those of his peers by a qualified board of senior officers and enlisted personnel. c. The determination of the board was final. d. His selection was in no way meant to detract from the record of meritorious service he had established, but was simply a reflection of the times. The DAQSB was one of several management programs initiated by the DA under circumstances wherein personnel become surplus to the needs of the Army. With the Army forced to reduce its overall size, they were required to reduce the number of personnel serving in each officer and enlisted grade. 6. On 23 November 1973, he was discharged. He had completed a total of 13 years, 1 month, and 23 days of active service. 7. On 24 November 1973, he enlisted in the USAR in pay grade E-7 for 1 year. He served in the USAR until 15 July 1976. He served in the Alabama Army National Guard from 16 July 1976 - 30 April 1977. He then served in the USAR from 20 August 1977 - 5 September 1978. 8. On 6 September 1978, he enlisted in the Georgia Army National Guard (GAARNG) in pay grade E-7. He was discharged from the GAARNG on 5 November 1980. 9. On 18 July 1981, he enlisted in the GAARNG in pay grade E-7 for 1 year. He extended his enlistment for 3 years on 12 June 1982 and for an additional year on 8 December 1982. 10. On 8 December 1982, the applicant voluntarily accepted an administrative reduction in rank from pay grade E-7 to pay grade E-5. On 10 December 1982, he was ordered to active duty for 36 months in pay grade E-5. On 1 June 1983, he was promoted to staff sergeant/pay grade E-6. 11. On 10 September 1985, he immediately enlisted in the Regular Army for 3 years. On 8 April 1988, he immediately reenlisted for 4 years. 12. On 28 February 1989, he was retired in pay grade E-6 for length of service and placed on the Retired List the following day. 13. On 27 April 2015, the Army Grade Determination Review Board (AGDRB) determined the highest grade in which he served satisfactorily for the purpose of computation of retired pay was E-7 (SFC). The date he became, or would become, eligible for advancement on the Retired List would be determined by the U.S. Army Human Resources Command (HRC). 14. A memorandum, dated 10 June 2015, from HRC notified the applicant the AGDRB determined the highest grade in which he served satisfactorily for the purpose of computation of retired pay was SFC with the effective date of 24 February 1999. Defense Finance and Accounting Service (DFAS) records showed he was receiving retired pay in the rank of SFC. REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed the promotion of enlisted personnel. a. A centralized promotion system has been in effect for the promotion of enlisted personnel to pay grade E-7 since 1 June 1970. Primary and secondary zones of consideration for each grade are announced before each board. The names of individuals who are eligible for promotion consideration by a DA board will be published by Headquarters (HQ) DA. b. Selections by a DA board are based on impartial consideration of all personnel eligible for promotion in the zone. Selection boards use the "best qualified" method of selection for promotions. Selection board action is administratively final. Centralized Enlisted Selection Boards will not provide specific reasons for non-selection as board members are not required to record their reasons nor are they permitted to divulge any reasons for selection or non-selection. c. HQDA publishes orders announcing promotions to grades E-7, E-8, and E-9. Dates of rank are established in order of seniority (sequence numbers as shown on recommended Iist) over the days of the preceding month. The effective date of promotion for pay purposes will be the date of the promotion order unless a future effective date is specified in the order. 2. Title 10, U.S. Code (USC), section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 4. Title 10, USC, section 3964, provides the legal authority for advancement on the Retired List. It states, in pertinent part, that retired Soldiers are entitled, when their active service plus service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade they held and in which they satisfactorily served while on active duty as determined by the Secretary of the service concerned. DISCUSSION: 1. The applicant contends that he was erroneously discharged on 23 November 1973 and the reason for his discharge was never explained to him. However, the letter, dated 30 January 1973, from the DA, Office of the Adjutant General, clearly stated he was denied further reenlistment by the DAQSB. The letter explained the purpose for the DAQSB and the reasons the decision for his denial had to be made. 2. The applicant subsequently enlisted and reenlisted in the USAR and the ARNG in pay grade E-7. On 8 December 1982, he voluntarily took an administrative reduction to pay grade E-5 and on 10 December 1982, he was ordered to active duty in that pay grade for 36 months. He was subsequently promoted to staff sergeant/pay grade E-6 on 1 July 1983. 3. The applicant then enlisted in the Regular Army on 10 September 1985, in pay grade E-6. When he was retired on 28 February 1989, he was serving in pay grade E-6. There is no evidence the applicant was promoted above the grade of E-6 during the period from 10 September 1985 - 28 February 1989. 4. The AGDRB determined the highest grade the applicant satisfactorily served in was pay grade E-7. HRC indicated he was advanced on the Retired List to SFC effective 24 February 1999. 5. There is no evidence the applicant was promoted to pay grade E-8 or E-9 during his Army career. 6. While the available evidence is insufficient for awarding the applicant a Silver Star, this in no way affects his right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008600 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008600 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2