BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007040 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :sX :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007040 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) for the period ending 31 October 1996 to show the following entries: a. Item 4a (Grade, Rate or Rank) to show command sergeant major (CSM)/E-9 vice sergeant major (SGM). b. Item 12a (Date Entered Active Duty this Period) to show 20 February 1968 vice 28 November 1975. 2. The applicant states his date of entry should be 20 February 1968 and his rank should be CSM. 3. The applicant provides: * Honorable Discharge Certificate, dated 6 October 1994 * DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)), dated between April 1990 and June 1994 * DA Form 2-1 (Personnel Qualification Record), dated 26 December 1995 * Meritorious Service Medal certificate, dated 4 May 1988 * Meritorious Service Medal certificate, dated 11 April 1990 * Permanent Orders Number 72-2, dated 25 April 1989 * Orders Number 30-14, dated 14 February 1990 * DD Form 214, dated 31 October 1996 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 (RA) on 20 February 1968 for a 3-year term. He was honorably discharged on 26 February 1970 for immediate reenlistment. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that credited him with 2 years and 7 days of creditable active service during this period. 3. He reenlisted in the RA for a 6-year term on 27 February 1970. He was honorably discharged on 27 November 1975 for immediate reenlistment. He was issued a DD Form 214 (Report of Separation from Active Duty) that credited him with 5 years, 9 months, and 1 day of creditable active service during this period and 2 years and 7 days of prior active service. 4. He reenlisted in the RA on 28 November 1975. He also executed multiple reenlistments from August 1981 to October 1994. Section 5 (Miscellaneous) of his DA Form 2-1 shows he attended and completed the U.S. Navy Enlisted Academy in 1987. 5. Orders Number 106-20, issued by U.S. Total Army Personnel Agency, Alexandria, VA, dated 23 June 1988, promoted him to SGM, effective 1 August 1988 with a date of rank 14 July 1988. 6. Orders Number 175-21, issued by Personnel Service Center (PSC), Fort Riley, KS, dated 15 September 1988, laterally appointed him to CSM effective 15 March 1988. 7. On 15 November 1994, by memorandum, he was reprimanded by his senior commander for having unprofessional relationships with female drill sergeants in his unit. Additionally, he was notified his commander was recommending him for removal from the CSM program. 8. On 15 December 1994, the Fort Leonard Wood, MO, senior commander directed the reprimand to be filed permanently in the applicant’s official military personnel file (OMPF). 9. His records contain DA Form 2166-7 showing the following: * rating period July 1994 to December 1994, Relief for Cause * the rated noncommissioned officer (NCO) unavailable for signature * the reviewer concurred with the rater and senior rater evaluation * Part IV(d) (Leadership) did not fully set the be, know, do standard for his subordinates * Part IV(f) (Responsibility and Accountability) relieved for cause by the Commanding General for improper cadre relationships * he was rated as marginal 10. Orders Number 220-00255, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY, on 7 August 1996, reassigned the applicant to the U.S. Army transition point for retirement and it shows his retirement rank and grade of rank to which advanced on the retired list as SGM effective 1 August 1988. 11. He retired on 31 October 1996. His DD Form 214 for this period of service shows he served 20 years, 11 months, and 3 days of net active service with 7 years, 9 months, and 8 days of prior active service. It further shows: * item 4(a) (Grade, Rate or Rank) SGM * item 4(b) (Pay Grade) E-9 * item 12 (a) (Date Entered Active Duty this Period) 28 November 1975 * item 12h (Effective Date of Pay Grade) 1 August 1988 12. The applicant provides: * Honorable Discharge Certificate, dated 6 October 1994, showing he was honorably retired in the rank of CSM * 4 NCOERs, dated between April 1990 and June 1994 showing in Part I (Administrative Data) his rank as CSM * 2 Meritorious Service Medals, dated between 1988 and April 1990, showing his rank as CSM * Permanent Orders Number 72-2, issued by PSC, Fort Riley, KS, dated 25 April 1989, awarded him the Army Good Conduct Medal as a CSM * Orders Number 30-14, issued by PSC, Fort Riley, KS, dated 14 February 1990, ordering a permanent change of station in the rank of CSM REFERENCES: 1. Army Regulation (AR) 635-5 (Personnel Separation - Separation Documents), in effect at the time states: a. Prescribed the separation documents that would be furnished each individual who was separated from the Army, and established standardized procedures for the preparation and distribution of the separation document. Table 2-1 provided instructions for preparation of the DD Form 214. All available records are used as a basis for the preparation of DD Form 214. * for item 4(a), enter the active duty grade or rank and pay grade at the time of separation * for item 12(a) enter the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued b. DD Form 214 will be issued at the time of separation to each member of the Regular Army. c. Effective 1 October 1979, a revision to AR 635-5 ended the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment. 2. AR 635-200 (Personnel Separations – Enlisted Personnel), prescribed the separation of enlisted personnel. Paragraph 12-16 states: a. NCOs holding the grade of SGM, at retirement will be placed on the retired list in the grade title “CSM” if: * they were released from the CSM program on or after 13 July 1967 only because of an assignment limiting physical condition incurred in the line of duty * they served satisfactorily as CSM b. Soldiers released from the CSM program because of the following reasons cannot be placed on the retired list in the grade title of CSM: Soldiers released because of inadequate performance of duty or Soldiers who voluntarily withdrew for reasons other than indicated in (a) above. DISCUSSION: 1. The applicant contends his original date of entry in to the RA was 20 February 1968. He is correct, but there is no evidence of error on his DD Form 214 for the period ending 31 October 1996. Prior to October 1979 a DD Form 214 was prepared when a Soldier was released from the service, this included discharges for reenlistment. The applicant was issued DD Forms 214 covering all of his active duty service. a. The applicant enlisted in the RA on 20 February 1968 for 3 years and he was honorably discharged on 26 February 1970. He was issued a DD Form 214 that credited him with 2 years and 7 days of creditable active service during this period. b. He reenlisted in the RA on 27 February 1970 and he was honorably discharged on 27 November 1975. He was issued a DD Form 214 that credited him with 5 years, 9 months, and 1 day of creditable active service during this period and 2 years and 7 days of prior active service. c. He reenlisted in the RA on 28 November 1975 and served continuously until he retired on 31 October 1996. The date entered active duty this period is listed correctly on his DD Form 214 for the period ending 31 October 1996. 2. With respect to his DD Form 214 showing his rank as SGM vice CSM: a. The evidence of record shows he was promoted to SGM on 14 July 1988 and laterally appointed to CSM effective 15 March 1988. He served as a CSM until on or about 15 November 1994 when he was reprimanded by his senior commander for engaging in unprofessional relationships, received a Relief for Cause NCOER, and removed from the CSM program. b. Although he provides several NCOERs and documents showing his rank as CSM, his retirement orders show his grade of rank to which advanced on the retired list as SGM. Furthermore, it appears he was released from the CSM program because of inadequate performance of duty. His rank is listed properly on his DD Form 214. BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160007040 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007040 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007040 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2