ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2019 DOCKET NUMBER: AR20180008485 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the following: * Pay grade – sergeant (SGT)/E-5 * Time of Serve – 4 years and 3 months * Awards – Soldier of the Quarter in 1981 * Education – Primary NCO (PNCO) Course and CBRN Course in 1980 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). 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 (ABCMR) 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 upon discharge his commanding officer downgraded all of his information out of bias. He believes all rank received by presidential waiver could not get changed at discharge. He would like his DD Form 214 to reflect his accomplishment and requests the following changes: * time in service listed as 3 years be upgraded to 4 years and 3 months * his Soldier of the Quarter Award received in 1981 be reflected * annotation of his military education for PNCO and CBRN courses in 1980 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 26 June 1978. b. His DA Form 1059 (Service School Academic Evaluation Report), noted he attended the PNCO Course from 4 January 1980 to 1 February 1980. c. He served in Germany from 25 March 1980 to 15 September 1981 as noted on his DD Form 214 (Certificate of Release or Discharge from Active Duty), although the DA Form 2 (Personnel Qualification Record) identified service through 29 June 1982 in Block 5 (Overseas Service). d. Orders 51-60, dated 25 February 1981, noted the applicant was promoted to sergeant/E-5 with an effective date of 1 March 1981. e. He received nonjudicial punishment on/for: * 4 May 1981, one specification of behaving with disrespect towards a superior commissioned officer, one specification of disobeying a lawful order, and one specification of being absent without leave (AWOL) from 13 March 1981 to 22 March 1981; his punishment included reduction to specialist/E-4 * 17 June 1981, one specification of failure to be at his appointed place of duty; his punishment included reduction to private first class/E-3 * 21 June 1981, one specification of failure to obey a lawful order, one specification of being disrespectful in language towards a superior non- commissioned officer, one specification of wrongfully communicating a threat; and one specification of failure to be at this appointed place of duty; his punishment included reduction to private/E-2 f. On 20 July 1981, the applicant’s immediate commander notified the applicant of his intent to separate him under the provisions of Chapter 14, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) for patterns of misconduct. The specific reasons for his proposed recommendation was based upon frequent incidents of discreditable nature with military authorities. The applicant acknowledged receipt of the notification of separation action on the same day. g. On 20 July 1981, after consulting with legal counsel, he acknowledged: * the rights available to him and the effect of waiving said rights * he waived consideration of his case by a board of officers * he submitted a statement on his own behalf * he may encounter substantial prejudice in civilian life if a general discharge under other than honorable conditions is issued to him * he may be ineligible for many or all benefits as a Veteran under both Federal and State laws * he is ineligible to apply for enlistment in the Army for 2 years after discharge h. On 28 July 1981, he submitted a personal statement which indicated he felt it would be to the benefit of the Army if he were discharged because of conflicting interest of both parties. i. The immediate commander initiated separation action against the applicant for patterns of misconduct. The intermediate commander recommended he be discharge under other than honorable conditions. j. On 2 September 1981, consistent with the chain of command recommendations, the separation authority approved the discharge recommendation for immediate separation under the provisions of Chapter 14, AR 635-200, paragraph 14-33b(1) for frequent incidents of a discreditable nature. He would be issued an Under Other than Honorable Discharge Certificate and reduced to the lowest enlisted grade. k. On 15 September 1981, he was discharged from active duty with an under other than honorable conditions characterization of service. His DD Form 214 shows he completed 3 years, 2 months, and 11 days of active service with 9 days of lost time. It also shows: * Block 4a (Grade, Rate or Rank) - PV1 * Block 4b (Pay Grade) - E1 * Block 14 (Military Education) - None 6. By regulation (AR 635-200), action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him or her as a satisfactory Soldier, further effort is unlikely to succeed. 7. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found partial relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he completed the Primary NCO Course; however, the course is not listed on his DD Form 214. His record is void evidence showing he completed the CBRN Course or received an award for Soldier of the Quarter. He was promoted to SGT during his period of service. However, he was demoted to PV2 due to UCMJ, and further to PV1 as the result of his separation action; therefore, the Board concluded there was no error or injustice related to the applicant’s rank reflected on his DD Form 214. Finally, the Board agreed his active service is accurately reflected on his DD Form 214 as the additional time requested occurred prior to his enlistment under the DEP. 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 15 September 1981 by: a. item 13 – adding the Noncommissioned Officer Professional Development Ribbon; and b. item 14 – adding the following entries: * Cannon Crewman Course, 12 weeks, 1978 * Primary Noncommissioned Officer Course, 4 Weeks, 1980 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 upgrading the characterization of his discharge. 1/17/2020 X CHAIRPERSO N Signed by: 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, 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 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 (AR) 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of the regulation states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him or her as a satisfactory Soldier, further effort is unlikely to succeed. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. //NOTHING FOLLOWS//