ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20190002141 APPLICANT REQUESTS: * promotion to Five Star General * retirement as a Five Star General * personal appearance paid via government expense APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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: * he should be promoted and retired as a Five Star General * he was forced into special operations by the CIA, FBI, Secret Service and military in 1975 and was not paid before joining the Army Reserve in 1986 * there was negligence when keeping the present Generals informed until his retirement request in 2018 * his records have not been kept up and his DD Form 214 reads the rank of Private (PV2)/E-2 after 43 years of real time service * his outstanding service included strategic operations, technology teaching * state of the art counter-intelligence teaching as well as working on other ground troop innovation from boots to vehicles. * he desires to appear before the board at government expense 3. The applicant provides a DD Form 214 showing his rank as private/E-1 at the time he completed initial entry training on 9 April 1987. 4. A review of the applicant's record shows the following: * 21 August 1986 - he enlisted in the United States Army Reserve in the grade of private/E-1 as evidenced by his DD Form 4/1 (Enlistment/Reenlistment Document). * 26 August 1987 - released from Company C, 321st Engineer Battalion, Ogden, Utah for unsatisfactory participation to United States Army Reserve (USAR) Control Group (Annual Training)/Individual Ready Reserve (IRR) * 27 January 1988 - reassigned to the 375th CS Company, Richards-Gebau, Missouri (MO) * 12 March 1988 - advanced to PV2 as evidenced by the DA Form 4187 (Personnel Action) * 29 October 1988 - received a Commander’s memorandum indicating he received his 9th unexcused absence * 23 November 1988 - reduced to private/E-1 * Undated Commander’s memorandum indicating Bar to Reenlistment * 3 April 1989 - released from 375th Supply Company, Belton, MO to USAR Control Group for Unsatisfactory Participation * 30 August 1994 - received Honorable Discharge from the United States Army Reserve 5. The applicant did not provide and his record is void of evidence reflecting prior service as a Commissioned Officer. The applicant’s DA Form 2-1 reflects: * item #8 (Aptitude Area Scores) General Technical (GT) score of 91 * item #17 (Civilian Education and Military Schools) reflects a General Educational Development test for highest education level. 6. AR 601-210 (Regular Army and Army Reserve Enlistment Program) Chapter 9 - Enlistment Option 9-11(United States Army Officer Candidate School Enlistment Option) and Enlistment Option 9-55 (Reserve Officer Training Corps Simultaneous Membership Program Enlistment Option) all require a GT score of 110 or higher and 60 or more semester hours of college. 7. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that will be furnished each individual who is separated from the Army. Item 5a was to show the grade in which serving at the time of separation. Item 6 was to show the date of rank at the time of separation. BOARD DISCUSSION: 1. The Board found no evidence that would support a recommendation for relief in this case. The applicant was discharged in 1994 in the rank of PV2. His discharge terminated his military status and upon discharge he was no longer eligible for promotion. There is no record of any subsequent service. 2. The Board agreed that the available evidence is sufficient to fully and fairly consider this case without a personal appearance by the applicant. 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. AR 135-91 (Service Obligation, Methods of Fulfillment, Participation Requirements, Change 12 dated 1 July 1987) Section III (Unexcused Absences) paragraph 4-11a states a soldier is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period. A (Multiple Unit Training Assembly) MUTA the charge will be an unexcused absence for each 4-hour period not attended; but not to exceed four unexcused absences. A drill weekend is 8 MUTAs. 3. AR 140-10 (Assignments, Attachments, Details, and Transfers dated 1 May 1983), Section 1 Unsatisfactory Participants paragraph 4-1 (Unsatisfactory participation of TPU members) states TPU members who fail to satisfactorily participate per AR 135-91, Chapter 4, Section III, will be transferred to the IRR. 4. Army Regulation 635-5 (Personnel Separations, Separation Documents) Table 2-1. DD Form 214 Preparation Instructions reflect in Item #4 (a and b) Enter active duty grade of rank and pay grade at time of separation. And #5. Enter date using six-digit number in this item; year, month, and day written in that sequence without spaces or slashes, e.g., 420106 for 6 Jan 42.provides that 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 retirement or discharge. DD Form 214 will be prepared for Reserve component Soldiers to include Army National Guard Soldiers completing 90 days or more of continuous active duty or Reserve component Soldiers completing active duty that results in the award of a military occupational specialty, even when the active duty period was less than 90 days. 5. AR 601-210 (Regular Army and Army Reserve Enlistment Program dated 1 December 1988) Chapter 9 - Enlistment Option 9-11 (United States Army Officer Candidate School Enlistment Option) to be eligible for the program, the applicant must have received a baccalaureate or higher degree from an accredited college or university. 6. AR 601-210 (Regular Army and Army Reserve Enlistment Program dated 1 December 1988) Enlistment Option Enlistment Option 9-55 (Reserve Officer Training Corps Simultaneous Membership Program Enlistment Option) requires an applicant be assigned to a Troop Program Unit in a paid drilling status with a valid officer vacancy to be assigned against. The applicant must achieve a minimum qualifying total score of 850 on the College Entrance Examination Scholastic Aptitude Test (SAT) or minimum total score of 70 on the American College Test (ACT). If unavailable, a minimum total score of 85 on the Preliminary SAT (PSAT) or achieved an aptitude area GT score of 110 or higher. 7. Army Regulation 624-100 (Promotion of Officers on Active Duty) Chapter 2-1 states the promotion eligibility and selection criteria for generals and lieutenant generals are by the President in accordance with the provisions of title 10 USC 3066. ABCMR Record of Proceedings (cont) AR20190002141 5 1