BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20150017862 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: 4 May 2017 DOCKET NUMBER: AR20150017862 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: 4 May 2017 DOCKET NUMBER: AR20150017862 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 (Certificate of Release or Discharge from Active Duty) to show his rank as private first class (PFC)/E-3. 2. The applicant states he was never court-martialed and he never received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice or a fine. He qualified as an Expert marksman shortly before his discharge and therefore earned an automatic promotion to PFC on 1 April 1981. He loves his country and is grateful to be a citizen. Up until 1 April 1981, he was a good Soldier. He received an honorable discharge on 11 June 1981. He regrets not making a career of the Army. He bettered himself my earning his high school equivalency diploma in 1982 and an associate's degree in 1986. He contributes to veterans organizations. 3. The applicant provides no additional evidence. 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 on 1 April 1980 for a period of 3 years. 3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) effective 14 May 1980. 4. Item 18 (Appointments and Reductions) of his DA Form 2-1 shows he was appointed to the rank/pay grade of private two/E-2 effective 1 October 1980. 5. Between 22 November 1980 and 28 January 1981, he was counseled in writing for: * not paying attention in class, accountability during duty hours, and personal attitude * disobeying a lawful order of a noncommissioned officer and violating the uniform standard operating procedures * having questionable attitude, bearing, and performance 6. His records contain a DA Form 4187 (Personnel Action), dated 18 March 1981, showing his promotion to PFC/E-3 was denied. 7. On 20 May 1981, he was notified of his pending separation for failure to maintain acceptable standards for retention under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph  5-31 (Expeditious Discharge Program). The unit commander cited his poor attitude, lack of motivation, inability to adapt socially/emotionally, and failure to demonstrate promotion potential as the reasons for the proposed action. 8. He acknowledged notification of his proposed discharge, voluntarily consented to separation, and elected not to make a statement in his own behalf. 9. The separation authority approved the recommendation for separation and directed the issuance of an Honorable Discharge Certificate. 10. He was honorably discharged on 11 June 1981 for failure to maintain acceptable standards for retention under the Expeditious Discharge Program. He completed 1 year, 2 months, and 11 days of total active service. 11. His DD Form 214 shows in: * item 4a (Grade, Rate, or Rank) – private two * item 4b (Pay Grade) – E-2 * item 12h (Effective Date of Pay Grade) – 1 October 1980 REFERENCES: Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies and procedures for promotions and reductions in grade. Chapter 7 provided that advancement to PFC was not mandatory. Commanders could, without restriction, advance Soldiers who qualified. Normal eligibility for advancement to PFC/E-3 was 12 months of time in service and 4 months of time in grade. Accelerated eligibility for advancement to PFC/E-3 was 6 months of time in service and 2 months of time in grade. DISCUSSION: 1. The applicant contends he was eligible for automatic promotion to PFC/E-3 because he qualified as Expert with the M-16 rifle prior to his discharge. However, the governing regulation in effect at the time stated advancement to PFC was not mandatory; commanders could advance Soldiers who qualified. 2. The evidence also shows his promotion to PFC/E-3 was denied on 18 March 1981. 3. His unit commander further cited his failure to demonstrate promotion potential as one of the reasons for his proposed separation action in May 1981. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017862 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017862 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2