BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002392 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: 24 August 2017 DOCKET NUMBER: AR20160002392 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: 24 August 2017 DOCKET NUMBER: AR20160002392 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) by showing: a. he served 7 months and 4 days, vice 4 months and 7 days; b. his military occupational specialty (MOS) was 36C2O instead of 09B0O; and c. his rank and pay grade was private, E-2, instead of private, E-1. 2. The applicant states he believes the errors were typographical. 3. The applicant provides a copy of 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’s DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he enlisted on 21 March 1966 for a 3-year period. Army Career Group 36 (Wire Maintenance) is listed as his choice of MOS training. 3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows in Item 38 (Record of Assignments) that he was enrolled in the Basic Combat Training Course at Fort Knox, Kentucky, from 24 March to 27 May 1966. 4. On 13 June 1966, the applicant was assigned to the 4th Training Brigade at Fort Polk, Louisiana, for combat support training. 5. He departed Fort Polk and went to Fort Gordon, Georgia, where he reported on 9 July 1966 to commence training in MOS 36C as a lineman. 6. On 21 July 1966, the applicant was automatically advanced to private, pay grade E-2. 7. Special Court-Martial Order Number 281, Fort Gordon, Georgia, dated 16 August 1966 announced the applicant’s conviction for twice being disrespectful towards two different noncommissioned officers and for willfully disobeying a lawful order from a noncommissioned officer. The sentence included confinement for 6 months, a forfeiture of $60.00 pay per month for 6 months and reduction to the lowest enlisted grade. 8. The applicant’s DA Form 20 shows in: a. Item 22 (MOS) – No entry showing award of an MOS; b. Item 33 (Appointments and Reductions) – reduction to private, E-1 on 16 August 1966 as a result of court-martial; c. Item 38 – unsatisfactory conduct and efficiency during training as a lineman; and d. Item 44 (Time Lost) – confinement 27 July to 19 October 1966 (85 days). 9. Special Orders Number 268, Fort Gordon, dated 19 October 1966, announced the applicant’s discharge effective 20 October 1966 in accordance with Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability). The orders note that his discharge was the result of board action and he was to receive an Undesirable Discharge Certificate with a character of service of under other than honorable conditions. 10. Special Court-Martial Order Number 55, Fort Gordon, Georgia, dated 20 October 1966, remitted the remaining, unserved sentence to confinement. 11. On 18 June 1970, the applicant’s characterization of service was upgraded to general under honorable conditions. 12. The applicant’s DD Form 214 shows: * his date of enlistment as 21 March 1966 * his date of discharge as 20 October 1966 * his lost time as from 27July to 19 October 1966 (85 days) * his rank as private, E-1 with an effective date of rank of 16 August 1966 * his MOS as 09B0O (Trainee) 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. A Soldier in a nonpromotable status will not be promoted when they are absent without leave, in confinement, or serving a court-martial sentence. A Soldier serving a court-martial sentence requiring forfeiture of pay regains promotable status the day following the last day of the period of forfeiture or detention of pay specified in the court-martial is finally approved. It stated the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. In addition, a Soldier will not be promoted while undergoing discharge proceedings that may result in a discharge characterization of under other than honorable conditions. 2. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. This record included showing both creditable service and lost time, rank and pay grade at the time of separation, and military training to include military occupational specialties. DISCUSSION: 1. The available evidence shows the applicant enlisted on 21 March 1966 and was discharged on 20 October 1966, a period of 212 days. He had 85 days of lost time giving him creditable service of 127 days which equals 4 months and 7 days of creditable active duty service. 2. The applicant apparently did not complete MOS training, thus he was not awarded an MOS. At the time of his discharge, he was in a trainee status in MOS 09B0O. 3. The applicant was reduced to private, E-1, on 16 August 1966 by order of a special court-martial. By regulation he remained in a nonpromotable status as there is no evidence his court-martial was approved by an appropriate reviewing authority. In addition, it appears the applicant's record went before a discharge board for unsuitability or unfitness. The discharge board had the authority to direct his discharge with an under other than honorable conditions character of service. During the period his record was being considered for discharge, by regulation he also was not in a promotable status. Ultimately, his court-martial sentence to confinement was remitted so he could be discharged. It appears the applicant did not regain promotable status prior to his 20 October 1966 discharge date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000882 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000882 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2