ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20160014295 APPLICANT REQUESTS: a. Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: (1) Item 4b (Pay Grade) - his pay grade as E-3 instead of E-1. (2) Item 12 (Record of Service), paragraphs (a) through (i) - his correct service dates. (3) Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) - he was awarded marksmanship badges for qualification with the .45 caliber pistol, M-60 machine gun, .50 caliber machine gun, and grenade launcher. (4) Item 14 (Military Education) - he completed martial arts courses and a hand to hand combat course. (5) Item 17 (Days Accrued Leave Paid) - he accrued more than 22 days of leave and payment of leave. (6) Item 26 (Separation Code) - an unspecified separation code. b. Personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was the only son and was honorably discharged so he could be at home with his dad who had a heart attack. b. He was excelling in his Army career and was never sent home for the reasons entered on his DD Form 214. c. He was a Pershing missile crewman, and he knows the Army would not have allowed him to be involved with Pershing missiles and nuclear weapons if he had failed to maintain standards for retention. He believes his paperwork got mixed up with another Soldier's paperwork who was medically discharged at the same time he was discharged. d. He did not notice his separation code until he went to Aberdeen Proving Ground (APG) to get his military identification (ID). Personnel told him that he could not get his ID because of his discharge code. e. He needs his separation code changed because he wants to go to the post exchange at APG, but he could not because he did not have a military ID. He wonders how all of this might affect any other military benefits that he may be entitled to receive. f. His DD Form 214 shows his pay grade as E-1, but he was an E-3 when he was discharged. g. He never received payment for his leave when he was discharged. The only money he received was an enlistment bonus, which is shown in item 18 (Remarks) of his DD Form 214 in the amount of $1,500. He trained for 8 months and was in the Army for a total of 18 months so he believes that the 22 days accrued leave is actually more than 22 days. h. His service dates are not entirely correct because he waited until his 18th (sic) birthday in to enlist in the Army. i. His DD Form 214 only reflects the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, but he also received his bars and medals for the .45 caliber hand pistol, M-60 machine gun, .50 caliber machine gun, and grenade launcher. 4. The applicant's DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the Regular Army on 6 November 1978. 5. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in: a. Item 9 (Awards, Decorations, and Campaigns) - no entries indicating he was awarded marksmanship badges for qualification with the .45 caliber pistol, M-60 machine gun, .50 caliber machine gun or grenade launcher. He was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar. b. Item 18 (Appointments and Reductions) - no entry indicating he was promoted to private first class (PFC)/E-3. An entry shows he was promoted to private E-2 on 6 May 1979; however, the entry is lined through. c. Item 38 (Record of Assignments) - he enlisted on 6 November 1978 and was discharged on 2 January 1980. 6. A review of the applicant's military personnel records revealed the following data: a. There are no orders which show he was promoted to PFC/E-3 or held that grade at the time of his discharge. b. A DA Form 4187 (Personnel Action), dated 27 April 1979 that shows his commanding officer submitted a request to block his promotion to private/E-2 because his duty performance did not warrant promotion at that time. c. On 22 October 1979, he received an Article 15, Uniform Code of Military Justice, and his punishment consisted, in part, of a suspended reduction to E-1. The document shows he was an E-2 at the time. d. His DD Form 4 shows he enlisted in the Regular Army on 6 November 1978. There is no evidence that shows he entered active duty in October 1978. e. There are no orders showing he was awarded marksmanship badges for qualification with the .45 caliber pistol, M-60 machine gun, .50 caliber machine gun or grenade launcher. There is also no evidence that shows he qualified with these weapons or received bars denoting he qualified with each weapon. f. There are no certificates or any other evidence that shows he completed martial arts courses or a hand to hand combat course. The Army regulation governing preparation of the DD Form 214 in effect at the time provided that item 14 will list only formal in-service training to assist the Soldier in job placement and counseling and training courses for combat skills are not authorized to be listed on the DD Form 214. g. There are no records pertaining to his leave other than his DD Form 214 that shows he had been paid for 22 days of accrued leave. h. On 16 November 1979, his unit commander notified him of his proposed discharge action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-31, Expeditious Discharge Program (EDP). He voluntarily consented to the discharge and did not submit statements in his behalf. i. On 11 December 1979, the separation authority approved separation action under the provisions of Army Regulation 635-200, paragraph 5-31 with the issuance of a Honorable Discharge Certificate. j. He completed a DA Form 1407 (Dependent Medical Care and DD Form 1173 Statement) and a DA Form 664 (Service Member's Statement Concerning Application for Compensation from the Veterans Administration) on 31 December 1979 that both include handwritten entries showing his pay grade as "E-3." k. On 2 January 1980, he was discharged under the provisions of Army Regulation 635-200, paragraph 5-31 due to failure to maintain acceptable standards for retention (EDP). His DD Form 214 shows was assigned a Separation Program Designator (SPD) code of "JGH." l. The evidence of record shows the applicant's SPD code was assigned based on the fact that he was discharged under the provisions of Army Regulation 635-200, chapter 5-31 due to failure to maintain acceptable standards for retention (EDP). The appropriate separation code associated with this discharge is "JGH." 7. His DD Form 214 shows: * Items 4a and 4b - his rank/pay grade as PV1/E-1 * Item 12 (a) through (i) - he entered active duty on 6 November 1978 and was discharged on 2 January 1980; he completed 1 year, 1 month, and 27 days net service; no prior active or inactive service; he served 9 months and 13 days of foreign service * Item 13 - no entries for the marksmanship badges for qualification with the .45 caliber pistol, M60 machine gun, .50 caliber machine gun, and grenade launcher * Item 14 - the entry "NONE" * Item 17 - he was paid 22 days of accrued leave * Item 26 - the entry "JGH" 8. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. The applicant’s contentions were carefully considered. Based upon the preponderance of evidence, the Board agreed his record is absent information showing he was reduced to PVT/E-1 prior to separation and recommend showing the rank of PV2/E-2 on his separation document. The Board further agreed the record is absent information to provide anymore of the requested relief. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 2 January 1980 by showing his grade and rank as PV2/E-2. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his dates of service; adding awards and decorations; updating military education; amending days of leave accrued; and a personal appearance. 5/6/2019 X Timothy W. Keasling CHAIRPERSON Signed by: KEASLING.TIMOTHY.WAYNE.1083013792 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he is authorized an additional award not listed on his DD Form 214. As a result, amend the DD Form 214 by adding the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It establishes standardized policy for preparation of the DD Form 214. a. For items 4a and 4b - Enter the rank and pay grade in which the individual served at the time of separation. b. For item 12a - Enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5) and: * Item 12b - Self-explanatory * Item 12c - All service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service * Item 12d - All service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service * Item 12e - All service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service * Item 12f - Enter the total amount of foreign service completed during the period covered in item 12c * Item 12g - Self-explanatory * Item 12h - Enter the effective date of promotion to pay grade * Item 12i - Time lost under 10 U.S.C. 972 (para 2-4, AR 635-200) while on active duty does not extend the terminal date of the Reserve obligation under the Military Selective Service Act c. For item 14 - List in-service training courses; title, number of weeks, year successfully completed during this period of service. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. d. For item 26 - Enter the proper SPD, representing the reason for separation (Army Regulation 635-5-1). 3. Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army. Paragraph 5-31 of this regulation, in effect at the time, governed the EDP. This program provided that members who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel in the Army because of existence of one or more of the following conditions may be separated when they failed to respond to counseling: * Poor attitude * Lack of motivation * Lack of self-discipline * Inability to adapt socially or emotionally * Failure to demonstrate promotion potential 5. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation states the reason for discharge based on an SPD code of "JGH" is "Failure to Maintain Acceptable Standards for Retention (EDP)" and the regulatory authority is Army Regulation 635-200, paragraph 5-31. 6. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//