ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  . 

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20170001662


APPLICANT REQUESTS: 

     a.  correction of his DD Form 214 (Certificate of Release or Discharge from Active 
Duty) for the period ending 31 January 1984, to show:

          (1)  his complete military service in the Regular Army (RA) vice the U.S. Army 
Reserve (USAR) from February 1982 to February 1989,

          (2)  he was promoted to the rank of sergeant first class (SFC)/E-7,

          (3)  he attended and completed the following schools:

*	military occupational specialty (MOS) 91D 
*	Basic Noncommissioned Officer (NCO) School in 1983
*	Advanced NCO School in 1985
*	Jump Training in 1986

          (3)  he was a Drill Sergeant candidate and selected as an Assistant Drill Sergeant 
in 1984,

          (4)  he was awarded the Expert Field Medical Pin (i.e., Badge)

     b.  removal of two DA Forms 2627 (Record of Proceedings under Article 15, Uniform 
Code of Military Justice (UCMJ)) from his record, and

     c.  removal of information in his record that belongs to someone else.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	medical records
*	two DA Forms 2627 

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 enlisted in the Regular Army in February and started basic combat training 
(BCT) in March 1982 at Fort Jackson, SC.  After he completed BCT in May 1982, he 
was transferred to Fort Sam Houston, TX to start Advanced Individual Training (AIT) as 
a 91D1O (Operation Room Specialist).  He completed this course in November 1982 
and was transferred to Fort Leonard Wood, MO, where he was promoted to the rank of 
private first class (PFC)/E-3.  

     b.  He then requested to be crossed trained as a 91B1O (Field Medical Specialist) 
and was granted permission.  He received orders and went to Fort Sam Houston, TX for 
training in March 1983.  Upon arrival, he was promoted to corporal (CPL)/E-4 in April 
1983.  Upon completion of training, he returned to Fort Leonard Wood, MO in October 
1983. 

     c.  With the invasion of Grenada in October 1983, his combat support unit was put 
on alert, but the stand-down order was received in November 1983; at this time, he was 
promoted to sergeant (SGT)/E-5.  

     d.  He was transferred to Fort Sill, OK in July 1984, where he was assigned to an 
infantry unit.  He became intrigued at the prospect of infantry, so he applied to the Drill 
Sergeant School.  He was accepted in September 1984 and was transferred to Fort 
Jackson, SC to attend Drill School.  Afterwards, he was assigned to Bravo Company, 
2nd Battalion, 8th Brigade, 3rd Platoon as an Assistant Drill Sergeant.  

     e.  He achieved the rank of staff sergeant (SSG)/E-6 in 1985, and attended training 
to receive his Expert Field Medical Pin in 1985.  He was then sent to Fort Sam Houston, 
TX, where he was promoted to the rank of SFC/E-7 after passing the E-7 examination 
and having enough points and time in grade (TIG).  He was assigned to the Troop 
Medical Clinic with the 2nd Battalion.  

     f.  In 1986, he submitted his request to his chain of command to attend jump training, 
which was approved, and he was sent to Fort Benning, GA for parachute packing; then 
to Fort Bragg, NC for jump training with the 82nd Air Assault; then to Fort Campbell, KY 
for more jump training with the 101st Airborne Division.  He returned after he completed 
jump training, and was assigned to the 1st Air Cavalry at Fort Sam Houston, TX as a 
flight medic.  

     g.  He was separated from the Army and he was assigned to the Individual Ready 
Reserve (IRR) and briefly to the 25th Mobile Army Surgical Hospital (MASH), in  
St. Louis, MO, where he became the Noncommissioned Officer in Charge (NCOIC) of 
the critical care ward.  He received a certified letter from the commander of the 25th 
MASH in January 1991, stating that he was subject to recall in support of Operation 
Desert Storm because of his MOS.  

     h.  His current DD Form 214 only shows his active duty for training (ADT) as a 
Reservist; however, he was in the RA, and not in the Reserves.  He was recently 
informed of these egregious errors when he applied to get his Department of Veterans 
Affairs (VA) Certificate of Eligibility for a home loan.  He requested his 201 file from the 
Records Center Archives through the office of his Congressman.  When he received his 
record, it did not reflect any of the accomplishments he earned while on active duty.  He 
also notes that there were two disciplinary actions in his record for being AWOL, and he 
was never AWOL.  Furthermore, the signatures are not even the same as his.

     i.  While it may be an innocent error, it should not have happened in the first place.
Going through his record, as it was sent to him, he noticed numerous errors, including 
another person's records, incorrect dates of service, documents that shows his service 
as a Reservist instead of active duty, and wrong dates.  While his record does reflect his 
correct name, social security number, address, and his medical record is correct, 
everything else is incorrect.  He believes that his information was entered into another 
service members record, which is why he believes it is a human error.

3.  The applicant enlisted in U.S. Army Reserve (USAR) on 26 February 1983 for a 
period of six years in rank/grade of private (PV1)/E-1.

4.  Initial ADT Order Number 46-12, issued by the Military Entrance and Processing 
Station (MEPS), St. Louis, MO, dated 4 March 1983, ordered him to report to BCT at 
Fort Jackson, SC on 14 March 1983.  These Orders subsequently ordered him to attend 
Advanced Individual Training (AIT) on 20 May 1983, for approximately 24 weeks at Fort 
Sam Houston, TX for training in MOS 91D1O (Operating Room Specialist.)

5.  Order 080-315, issued by Headquarters, United States Army Training Center and 
Fort Jackson, Fort Jackson, SC, dated 25 April 1983, shows he was released from his 
attachment in Fort Jackson, SC and was further attached to the 2nd Battalion, Academy 
of Health Sciences, in Fort Sam Houston, TX, with an effective date of 21 May 1983 for 
AIT to train in MOS 91B1O (Medical Specialist).  

6.  Orders 119-191, issued by Headquarters, Fort Sam Houston, TX, on 20 June 1983, 
relieved him from attachment to the 2nd Battalion Trainees, Academy of Health 
Sciences and further attached him to the 1st Battalion Trainees, Academy of Health 
Sciences, with an effective date of 1 July 1983, for a period of 12 weeks, to train in MOS 
91D1O, with a starting date of 15 August 1983.
7.  A DA Form 4187 (Personnel Action), dated 29 July 1983, shows that while he was 
attached to Company E, 1st Battalion, Academy Brigade, Fort Sam Houston, TX, he 
was absent without leave (AWOL) from 11 July 1983 until his voluntary return to military 
control on 28 July 1983.

8.  His record contains a DA Form 2627, dated 1 August 1983, which shows he 
received nonjudicial punishment (NJP) for being AWOL from his unit from 11 July 1983 
to 28 July 1983.  His punishment consisted of a reduction to PV2/E-2.  He appealed his 
NJP, and the appeal was denied.  He signed the form the same day.

9.  Orders 176-34, issued by Headquarters, Fort Sam Houston, TX, dated 9 September 
1983, relieved him from attachment to the 1st Battalion Trainees, Academy of Health 
Sciences, Fort Sam Houston, TX, and further attached him to the Student Detachment 
at the Leonard Wood Army Hospital, MO. effective date of 28 September 1983, for a 
period of 6 weeks to complete Phase II of the MOS 91D1O course.

10.  Orders 297-201, issued by Headquarters, US Army Training Center Engineer and 
Fort Leonard Wood, MO, dated 24 October 1983 awarded him MOS 91D1O, with an  
effective date of 10 November 1983.  The award of this MOS was contingent upon his 
successful completion of training and graduation.

11.  His record contains a DA Form 2627, dated 27 October 1983, which shows he 
received NJP for failing to go to his appointed place of duty, the General Leonard Wood 
Army Community Hospital, MO, at the time prescribed, on 24 October 1983.  His 
punishment consisted of a forfeiture of pay of $50.00 for one months and reduction in 
pay grade to E-1 (suspended until 27 April 1984).  He did not appeal and signed this 
document on the same day.

12.  A DA Form 1059 (Service School Academic Evaluation Report) shows he 
completed his MOS training for 91D1O, and achieved course standards on 
10 November 1983 for Phase I and Phase II training.

13.  A DA Form 2496 (Disposition Form), dated 18 November 1983, Subject:  
"CHANGE OF MOS… AND/OR TRAINING STATION" shows Order Number 46-12, 
issued by the MEPS, St Louis, MO, on 4 March 1983 was amended to show he would 
attend AIT and receive training in MOS 91B1O (Medical Specialist) vice 91D1O, at Fort 
Sam Houston, TX.  In the remarks section of this documents, it states, "Academic drop 
from 91D1O[.]  91B1O requested by Headquarters 5th U.S. Army and 25th [Combat 
Support Hospital] CSH (USAR)."

14.  Orders 322-219, issued by Headquarters, U.S. Army Training Center Engineer and 
Fort Leonard Wood, on 18 November 1983 attached him to the United States Army 
Academy of Health Sciences, in Fort Sam Houston, TX, with an effective date of
21 November 1983, to complete AIT for MOS 91B1O.

15.  Orders 230-3, issued by Headquarters, Fort Sam Houston, TX, on 30 November 
1983 relieved him from ADT effective 31 January 1984, and returned to the 25th, CSH 
in St. Louis, MO, to complete his 6-year military service obligation.

16.  Orders 1-35, issued by Headquarters, Fort Sam Houston, TX, on 3 January 1984 
awarded him primary MOS of 91B1O effective 31 January 1984.  These orders 
recorded his rank/grade as PV2/E-2.

17.  His DA Form 2-1 (Personnel Qualification Record) shows the following information:

*	item 6 (MOS) – he was awarded MOS 91B on 31 January 1984
*	item 17 (Civilian Education and Military Schools) – he did not complete his 
training in MOS 91D – Phase II in 1983, but he did complete his training in MOS 
91B in 1984
*	item 18 (Appointments and Reductions) – his rank/grade of PV1/E-1 in the USAR 
was effective 7 May 1984
*	item 21 (Time Lost) – he was AWOL for 17 days between 11 July 1983 and
27 July 1983"

18.  The applicant's record does not contain any evidence to show he completed or 
passed all the testing required for award of the Expert Field Medical Badge, nor does 
his record contain orders awarding him the Expert Field Medical Badge.

19.  Army Regulation 672-5-1 (Military Awards) states that in order to be awarded the 
Expert Field Medical Badge, personnel must successfully pass all test parts prescribed 
by Army Regulation 672-10 (Expert Field Medical Badge Test).  His record does not 
show he met all the requirements or that he successfully passed all the tests to be 
awarded the badge.

20.  His DD Form 214 contains the following information:

*	item 4a (Grade, Rate or Rank) – "PV2"
*	item 4b (Pay Grade) – "E2"
*	item 12a (Date Entered Active Duty This Period) – "83 03 11"
*	item 12b (Separation Date This Period) – "84 01 31"
*	item 12c (Net Active Service This Period) – "00 10 20"
*	item 12i (Reserve Obligation Termination Date) – "89 02 25"
*	item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) – Army Service Ribbon, Marksman Qualification Badge 
(Rifle M-16)
*	item 14 (Military Education) – "Medical Specialist Course 10 wks (Jan 84)"
*	item 23 (Type of Separation) -  "Relief from Active Duty for Training"
*	item 24 (Character of Service) – "Honorable"
*	item 28 (Narrative Reason for Separation) – "Reserve Component Personnel 
upon completion of MOS Training"

21.  His record contains two letters of instruction for unexcused absences from his 
scheduled unit training on 17 and 18 March 1984 and 5 and 6 May 1984.  The second 
letter, dated 7 May 1984 stated he accrued eight unexcused absences.

22.  Orders 6-3, issued by Headquarters, 25th MASH, on 7 May 1984 reduced him in 
grade of rank from "PV2" to "PV1," effective 7 May 1984. 

23.  On 29 May 1984, he received a letter of instruction for an unexcused absence from 
annual training (AT), stating he failed to complete AT on 20 May to 2 June 1984.  The 
letter also informed him that if his absence from AT was not excused he could be 
declared an unsatisfactory participant and transferred to the Individual Ready Reserve 
(IRR).

24.  His commander notified him in writing that after careful consideration of his 
complete file and any reason he may have submitted for not meeting his AT 
requirement, he was declared an unsatisfactory participant, and he would be transferred 
to the IRR for the balance of his service obligation.

25.  Orders 90-23, issued by Headquarters, 102nd United States Army Reserve 
Command, dated 30 June 1984, relieved the applicant of his current assignment due to 
unsatisfactory participation, and assigned him to the USAR Control Group (Annual 
Training) effective 21 May 1984.

26.  Orders D-02-018804, issued by United States Army Reserve Personnel Center, on 
21 February 1989 honorably discharged him from the Ready Reserve with an effective 
date of 25 February 1989.

27.  The applicant's military record does not contain documentation that shows:

*	he enlisted in or served in the Regular Army
*	he was awarded MOS 91D1O
*	he was promoted beyond the rank/grade of private E-3
*	he attended any courses under the NCO education system
*	his DA Forms 2627 belong to another Soldier or that they were improperly filed in 
his record
*	he was awarded the Expert Field Medical Badge
*	he attended or completed a parachute packing course, Airborne School, Air 
Assault School, or Drill Sergeant School
*	he was ever assigned, attached, or on temporary duty to Fort Sill, OK; Fort 
Benning, GA; Fort Bragg, NC; or Fort Campbell, KY
*	he served as an assistant drill sergeant, a flight medic, or as the NCOIC of a 
critical care unit

28. Pursuant to Army Regulation 600-200 (Enlisted Personnel Management System), 
service members must meet the TIG and TIS requirements for advancement to the next 
higher grade.  The applicant’s record shows the highest grade he held was as an E-3, 
but was reduced in rank to E-2 as a result of an NJP.  His record does not show he was 
ever promoted back to E-3 or that he was recommended or eligible for promotion to E-4, 
E-5, E-6, or E-7.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
the requested relief is not warranted.

2.  The Board agreed that the record clearly and unmistakably shows:

*	the applicant served only in the USAR
*	he was not and could not have been promoted to SFC/E-7
*	he attended but did not complete the course for MOS 91D

3.  The Board agreed that the available records contain no evidence supporting his 
claim to have attended NCO education system courses or the Airborne School, and no 
evidence supporting his claim that he was a Drill Sergeant candidate and selected as an 
Assistant Drill Sergeant.  

4.  The Board agreed that there is no evidence indicating the applicant met the 
requirements for award of the Expert Field Medical Badge.  

5.  The Board agreed that the DA Forms 2627 in question are properly filed in his 
record.  The Board found no evidence of error or injustice in the filing of these 
documents in his record.

6.  In view of the foregoing, with the exception of the removal of documents addressed 
in Administrative Note(s) below, the Board concluded there is insufficient evidence upon 
which to recommend granting relief in this case.  








BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

Other than the action addressed in Administrative Note(s) below, 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.


ADMINISTRATIVE NOTE(S):

Medical documents belonging to another Soldier have been removed from the 
applicant's record.


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 600-200 dated 15 July 1978, with change 59, in effect at that time, 
provides policies, responsibilities, and procedures pertaining to career management of 
Army enlisted personnel.  Chapter 7, states the following:

a.	Promotion of enlisted personnel to grade E-3 through E-9, appointments, grade 
reductions, and grade restorations will be announced in routine orders.

b.	 Promotion to pay grade E-4.  Consistent with sound management, promotion 
authority to grade E-4 will be delegated to the lowest possible level.  This paragraph will 
be cited as authority for promotion to grade E-4.  Criteria for promotion to E-4:

*	time in service (TIS)-24 months – waiverable
*	TIG-6 months as an E-3 – waiverable
*	be in a promotable status.  Waivers not granted
*	be serving in the pay grade next below that in which promotion is made. 
Waiver not granted
*	must have an appropriate security clearance required for the MOS in which 
promotion is to be made; promotion may be made on the basis of an interim 
clearance

c.	Promotion to pay grades E-5 and E-6 – HQDA will announce each month by
separate designation the promotion point cutoff scores for the primary and secondary 
zone lists for promotion to pay grades E-5 and E-6. 

*	TIG and TIS requirements: 

For Promotion to Pay Grade 
          Time in Grade
      Time in Service
            E-5
8 Months in E-4
(PZ) 36 Months
(SZ) 24 Months
            E-6
10 Months in E-5
(PZ) 84* Months
(SZ) 60 Months
Note: The TIS criterion for promotion to grade E-6 is being phased from 72 to 84 
months during the period 1 January 1977 through June 1978 as outlined in the 
Department of the Army MSG 231953Z December 1976, Subject: Interim Change to 
Chapter 7, Army Regulation 600-200.  In addition, during this period the promotion point 
cutoff score letter will be used to confirm the required TIS criterion for promotion 
consideration/eligibility for a specific month.

*	be in a promotable status; waivers are not granted,
*	receive recommendation or concurrence in recommendation from unit 
		     commander; waivers are not granted,
*	individuals recommended for promotion to pay grades E-5 or E-6 will be 
required to appear in person for selection board evaluation.  Appearance 
before a local selection board is authorized as follows:

To Grade
Board Appearance not 
earlier than
Promotion not earlier than
            E-5
33 Months (PZ)
21 Months (AZ)
36 Months (PZ)
24 Months (SZ)
            E-6
81 Months (PZ)*
57 Months (SZ)
84 Months (PZ)*
60 Months (SZ)

Note: Individual must meet the minimum TIG prior to board appearance.  *The TIS 
criterion for board appearance to grade E-6 is being phased from 72 to 84 months 
during the period 1 Jan 77 through June 1978 as outlined in DA MSG 231953Z 
December 1976, Subject: Interim Change to Chapter 7, Army Regulation 600-200.  In 
addition, during this period the promotion point cutoff score letter will be used to confirm 
the required TIS criterion for board appearance for a specific month.  Appearance 
before a local board 3 months before the minimum TIS requirement as indicated above 
is permitted to allow for reporting of promotion point scores to HQDA prior to actual 
eligibility for promotion to the recommended grade; waivers are not granted.

*	Soldiers who are qualified otherwise may compete for promotion only in the 
Soldier's current primary MOS or in an MOS which is the normal career 
progression for the Soldier's primary MOS
*	the commander's recommendation or approval of such recommendation 
constitutes affirmation by that commander that the Soldier is qualified fully in 
the recommended MOS to perform the duties if subsequently promoted to the 
higher grade; waivers are not granted 
*	competent Skill Level for next higher above that equivalent to his/her current 
grade in his/her MOS; waivers are not granted
*	be physically qualified; waivable
*	completion of eighth grade or GED equivalent for promotion to pay grade E-5; 
waivers not granted
*	for E-6, must have appropriate security clearance required by the MOS for 
which promotion is being made; waivers not granted
*	a precondition service obligation is established as 3 months for promotion to 
pay grade E-5 and 12 months for promotion to E-6; waivers will not be 
granted. 

d.	 Promotion to SFC/E-7.  Headquarters, Department of the Army, will publish
orders announcing promotions to grades E-7, E-8, and E-9.  Dates of rank will be 
established in order of seniority (sequence numbers as shown on recommended list) 
over the days of the preceding month.  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.

*	individuals promoted to grade E-7, E-8, and E-9 will incur a 2-year service 
obligation unless they have completed 30 or more years of active Federal 
service,
*	are already eligible through prior service for a higher grade at the time of 
retirement, or
*	age 55 or older

3.  Army Regulation 672-5-1, chapter 5-10 (Expert Field Medical Badge).  This badge 
recognizes Army personnel for attaining a high state of technical skill in field medical 
functions.  It is awarded based on proven skill and performance.  Eligibility 
Requirements: Enlisted personnel must have an Army Medical Department (AMEDD) 
primary MOS.  This includes all MOS in a Career Management Field (CMF) 91 as well 
as MOS 76J and 94F.  Eligible personnel must be on active duty-or assigned to a troop 
program unit in the Reserve Components or an AMEDD mobilization designee.  Prior to 
being awarded the badge, personnel must successfully pass all test parts prescribed by 
Army Regulation 672-10 (Expert Field Medical Badge Test).  Commanders with 
capabilities to conduct all test phases prescribed by Army Regulation 672-10 are 
authorized to give the test and award the badge.
4.  Army Regulation 600-37 states, this regulation sets forth policies and procedures to 
authorize placement of unfavorable information about Army members in individual 
official personnel files.  The objectives of this regulation are to apply fair and just 
standards to all Soldiers, protect the rights of individual Soldiers and, at the same time, 
permit the Army to consider all available relevant information when choosing Soldiers 
for positions of leadership, trust, and responsibility.  This objective of this regulations is 
also to prevent adverse personnel action based on unsubstantiated derogatory 
information or mistaken identity and to provide a means of correcting injustices if they 
occur, and to ensure that Soldiers of poor moral character are not continued in the 
Service or advanced to positions of leadership, trust, and responsibility.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170001662
	
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