ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:

                  BOARD DATE:  5 August 2019

                  DOCKET NUMBER:  AR20180004829

APPLICANT REQUESTS:  

*	reinstatement of his rank from Private E-2 (PV2) to Specialist 4th Class (SP4) 
E-4
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of release or Discharge from Active Duty)
*	Department of Veterans Affairs (VA) rating
*	Army Board for Correction of Military Records (ABCMR) case AC83-05171
*	Primary Leader's Course (PLC) completion
*	Enlisted Evaluation Report (EER)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, 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.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AC83-05171 on 9 January 1985.

3.  The applicant states:

*	his permanent diagnosis of Schizophrenia was incurred and not treated early 
enough
*	this resulted in his loss of rank and pay grade before his final military discharge
*	the mental illness of Schizophrenia will go undiagnosed for a long period of time
*	the behavior of a Soldier with the onset of Schizophrenia and before the final 
diagnosis will cause loss of rank and pay grade


4.  The applicant provides the following documents:

*	his DD Form 214 showing his rank as PV2/E-2, and he was honorably 
discharged on 23 January 1981 for physical disability with severance pay
*	his VA rating showing he is 100 percent disabled for schizophrenia
*	his previous ABCMR case AC83-05171 where he requested disability retirement 
and his rank be instated to SP4; the Board denied his request
*	a document showing he graduated from PLC as a SP4 dated 12 May 1978
*	an enlisted evaluation report showing his rank as SP4 and it states the applicant 
would make a fine noncommissioned officer

5.  The applicant's service records contain letters from Paralyzed Veterans of America 
dated 4 March 1983, 20 January 1984, 30 August 1984, and 5 December 1984 written 
on behalf of the applicant advocating for the applicant to be given a medical retirement 
and reinstatement of his rank to SP4.
  
6.  A memorandum to the ABCMR from Chief, Reclassification and Physical Disability 
Branch dated 19 April 1984 states:

*	a review of the official records of the applicant shows he was separated in the 
grade of Private First Class (PFC)
*	he received severance pay in the grade of PFC
*	the case was forwarded to an Ad Hoc Review Board for reconsideration of their 
decision to keep him in the rank of PFC
*	the Board reaffirmed their decision that he remain a PFC, the last grade he 
served satisfactorily in
*	the opinion of the Reclassification Office was the applicant separated in the 
proper grade

7.  The applicant's DD Form 214 indicates he was discharged at the rank of PV2.

8.  The applicant's service records contain the following documents:

*	a Record of Proceedings under Article 15 Uniform Code of Military Justice (NJP) 
for being derelict in the performance of his duties
*	the applicant was reduced to the rank of PFC
*	a DA Form 4126 (Bar to Reenlistment) dated 12 May 1980 which states he 
received NJP on 8 February 1979, 21 September 1979 and 30 April 1980
*	the NJP he received on 30 April 1980 reduced the applicant to PV2 but the 
reduction was suspended for 90 days
*	Medical Board Proceedings stating the applicant was unfit for further military duty
*	a narrative summary regarding his diagnosis of schizophrenia which states he 
began to hear voices in April 1980
*	the narrative summary also states at the time he received his last NJP, he lacked 
substantial capacity to conform his conduct because of his schizophrenia

9.  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.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the frequency, nature and dates of his misconduct, his reductions by NJP, his 
in-service medical diagnosis and subsequent medical separation.  The Board 
considered the VA rating documents the applicant provided, previous ABCMR 
considerations and the conclusion of the ad hoc review board.  Based on a 
preponderance of evidence, the Board determined that the grade recorded on the 
applicant’s DD Form 214 was unjust and required correction. 

2.  After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted.






























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 
the applicant’s DD form 214 for the period of service ending 23 January 1981 to reflect 
in items 4a and 4b (Grade, Rate or Rank and Pay Grade) – “PFC and E-3” vice “PV2 
and E-2”, respectively.

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 amending his DD form 214 to show “SPC and E-4.”


												 
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.


REFERENCES:

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.  

2.  Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, 
provides that ABCMR members will review all applications that are properly brought 
before them to determine the existence of an error or injustice, and to direct or 
recommend changes in military records to correct the error or injustice, if persuaded 
that a material error or injustice exists and that sufficient evidence exists on the record.  
The ABCMR will decide cases on the evidence of record; it is not an investigative body.  
The ABCMR may, in its discretion, hold a hearing.  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. 

ABCMR Record of Proceedings (cont)		AR20180004829
4