ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  BOARD DATE:  28 February 2020

                  DOCKET NUMBER:  AR20180008887

APPLICANT REQUESTS:  his records to reflect:

*	his rank/grade as Sergeant (SGT)/ E-5
*	attendance and graduation from Primary Leadership Development Course 
(PLDC) on 15 March 1991
*	total active Army service as 3 years and 7 months

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 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 some of his military records could not be located.  He attended 
PLDC at the 8th Infantry Division (M) Noncommissioned Officer Academy from                        
15 March 1991 to 11 April 1991.  His total military service should reflect 3 years and                 
7 months.  He never paid any attention to his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) until he was applying for health care and believes if the 
corrections are made, the benefits should be awarded to him.

3.  The applicant's service record reflects:

a.	DA Form 2-1 (Personnel Qualification Record)  which shows:

*	30 June 1988- he enlisted as a Private (PVT)/ E-1 in the Regular Army 
*	1990- Item 17 Civilian Education and Military Schools shows he attended 
Headstart Course at USAREUR & 8th Infantry Division for 2 weeks 
*	1 February 1990-  Item 18 Appointments and Reductions shows his last 
rank as Specialist (SPC)/ E-4 with a date of rank 1 February 1990
*	3 February 1990- Item 35 Record of Assignments shows he was released 
from active duty and transferred to the USAR Control Group
   
   b.  Orders Number 267-84, dated 12 November 1991, issued by the                                    
520th Personnel Service Company which shows he was:
   
*	reassigned to the US Army Transition Point in Fort Jackson, SC
*	released from active duty at the rank of Private 2 (PV2)/ E-2 and transferred 
to USAR Control Group (Reinforcement) with effective date of 1 March 1992
*	his terminal date of Reserve obligation was 9 July 1995
   
c.	Orders D-07-656755, dated 2 July 1996, published by USAR Personnel
Command discharged the applicant from the USAR Control Group (Reinforcement) 
effective 2 July 1996 in the rank of SPC.

4.  The applicant's service records are void of evidence he was recommended for 
promotion, considered for promotion or promoted to the grade of SGT.  His rank is listed 
as SPC on his discharge orders.  

5.  The applicant's service records are void of evidence he attended PLDC from                              
15 March 1991 through 11 April 1991.  

6.  The applicant’s service records is void of a DD Form 214 which captures his total 
active duty service time.

7.  The applicant did not provide supporting documents.

8.  See references below.

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 entries on his DA Form 2-1, the absence of orders reflecting promotion to 
SGT or documents reflecting completion of PLDC, the rank shown on his discharge 
(from active duty) orders, the absence of a DD Form 214 in his records and his rank as 
shown upon discharge from the USAR.  The Board found insufficient evidence of active 
duty service other than the service between his June 1988 enlistment date and his 
March 1992 separation date.  Based on a preponderance of evidence, the Board 
determined that the length of his active duty service, documents showing his rank as 
SGT and the absence of documents reflecting completion of PLDC were not in error or 
unjust.
2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



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: 
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.


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 600-8-19 (Enlisted Promotions and Reductions) prescribes the 
policies and procedures governing promotion and reduction of Army enlisted personnel.   
Chapter 3, Semi-centralized Promotions (SGT and SSG) governs the promotion system 
for active Army and Reserve Soldiers.  It states the Soldier will be recommended for 
promotion and the promotion authority will approve or disapprove the recommendation.

3.  AR 614-200 (Selection of Enlisted Soldiers for Training and Assignment Update) 
states in Chapter 4, paragraph 6 (Service remaining requirements) (2) Soldiers who 
attend Basic NCO Course (BNCOC) and Primary Leadership Development Course 
(PLDC) will incur a 6-month service-remaining obligation.


ABCMR Record of Proceedings (cont)		AR20180008887
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