IN THE CASE OF: BOARD DATE: 14 March 2022 DOCKET NUMBER: AR20210016712 APPLICANT REQUESTS: * reconsideration of his previous request to show he was promoted to the rank/grade of specialist four (SP4)/E-4 with entitlement to the associated pay * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored statement, Army Board for Correction of Military Records (ABMCR) Docket Number AR20210016712, Opening Statement, dated 27 November 2021 * Self-authored closing statement * USAREC Form 180-R (Acknowledgment of Service Obligation), dated 23 July 1970 * DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge), ending on 1 February 1972 * National Personnel Records Center letter, dated 25 April 2006 * ABCMR letter, Docket Number AR20100015211, dated 15 November 2010 * U.S. Army Financial Management Command letter, dated 2 November 2018 * Self-authored statement, undated * ABCMR Docket Number AR20190001784, dated 24 May 2019 * Self-authored statement, undated * Self-authored statement, Paragraph A, Page 2, undated * Self-authored statement, Page 2, Paragraph B, C, D, undated * Self-authored statement, Page 3, Paragraph F, undated * Self-authored statement, Page 3, Item 5, undated * Self-authored statement, Page 4, Board Determination/Recommendation, undated * Self-authored statement, Page 4, Board Discussion, undated * ABCMR letter, Docket Number AR20190001784, dated 4 June 2019 * Self-authored statement, dated 13 August 2019 * Department of Veterans Affairs (VA), Federal Benefits for Veterans, Dependents and Survivors, 2010 Edition * Army Review Boards Agency (ARBA), Case Management Division letter, Docket Number AR20190011427, dated 26 August 2019 * Self-authored statement, dated 10 September 2019 * Self-authored statement, dated 24 September 2019 * Self-authored statement, dated 27 January 2020 * Self-authored statement, dated 18 February 2020 * Self-authored statement, dated 4 March 2020 * Self-authored statement, Docket Number AR20190011427, dated 13 November 2020 * Self-authored statement, dated 19 February 2021 * Self-authored statement, Closing Statement, dated 5 April 2021 * Self-authored statement, dated 12 May 2021 * ARBA, Case Management Division letter, Docket Number AR20210016712, dated 16 November 2021 * Self-authored statement, dated 28 November 2021 * Self-authored statement, dated 26 November 2021 * ARBA, Case Management Division letter, Docket Number AR20210017181, dated 1 December 2021 * Self-authored statement, dated 1 December 2021 * Self-authored statement, Docket Number AR20210016712, dated 14 December 2021 * Self-authored statement, dated 14 December 2021 * Self-authored statement, undated * Self-authored statement, undated * Self-authored statement, undated FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20190011427 on 13 February 2020. 2. The applicant states in pertinent part: a. He was ordered to be placed on the Individual Ready Reserve (IRR) on 1 February 1972 while awaiting recall back to active duty after being diverted from going to Vietnam between 1 February 1972 through 23 July 1972. He had 6 months and 23 days left on active duty and received special orders that stated all military personnel with 6 months or less on active duty would not deploy to Vietnam. b. He was promoted to SP4/E-4 in September 1971 in Bamberg, Germany; however, he never received his SPC/E-4 pay. His promotion orders were forwarded to Vietnam while on compassionate reassignment to the 19th Replacement Detachment at Fort Bragg, NC. In November 1971, he returned to Headquarters and Headquarters Company, 3rd Brigade, Bamberg, Germany to clear post. He received his orders and proceeded to the U.S. Army Overseas Replacement Station, Fort Lewis, Washington. c. He was under military orders to be placed on the IRR and should be compensated since he was still in the Army and his Expiration Term of Service (ETS) was not until 23 July 1972. 3. The applicant's service record shows: a. On 23 July 1970, the applicant was inducted into the Army of the United States. b. USAREC Form 180-R (provided by the applicant) shows the applicant after his initial 2-year obligation would be transferred to the U.S. Army Reserve (USAR) and required to serve in a Reserve component for a period, which when added to his active duty service, totals 6 years. He understood that he must serve a period in the Ready Reserve and if assigned to a Ready Reserve unit, he would participate satisfactorily for 2 years in scheduled drills and annual active duty for training. If not assigned to a unit or transferred to Ready Reserve Mobilization Reinforcement Pool prior to satisfactorily completing 2 years of unit service, he would remain in the Ready Reserve Mobilization Reinforcement Pool until the 5th anniversary of his induction and would satisfactorily perform not more than 30 days of active duty for training annually. Upon satisfactorily completing 2 years of unit service or the 5th anniversary of his induction, whichever occurs first, he would be eligible for transfer to the Standby Reserve for the remainder of his service obligation. c. DA Form 20 (Enlisted Qualification Record) shows in: (1) Item 31 (Foreign Service) – service in Germany from 28 December 1970 to 20 July 1972. (2) Item 33 (Appointments and Reductions) – the applicant was promoted to – * Private/E-1 on 23 July 1970 * Private/E-2 on 25 September 1970 * Private First Class (PFC)/E-3 on 23 February 1971 (3) Item 44 (Time Lost under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) – Absence without leave (AWOL) from 13 December 1970 to 21 December 1970. d. The applicant accepted non-judicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), on the following occasions: (1) On 21 December 1970, for being AWOL from his unit, on or about 13 December 1970 until on or about 21 December 1970; his punishment consisted forfeiture of pay. (2) On 16 June 1971, for treating his superior noncommissioned officer with contempt, disrespectful language and failure to obey a lawful order; his punishment consisted of forfeiture of pay, extra duty, and restriction. e. DD Form 214, ending on 1 February 1972, shows the applicant was honorably released from active duty. (1) Item 5a (Grade, Rate or Rank) – PFC. (2) Item 5b (Pay Grade) – E-3. (3) Item 11a (Type of Transfer or Discharge) – Transferred to the U.S. Army Reserve (USAR). (4) Item 11c (Reason and Authority) – Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel). (5) Item 14 (District Area Command or Corps to Which Reservist Transferred) – Transferred to the USAR Control Group (Annual Training), St. Louis, MO. (6) Item 12 (Last Duty Assignment and Major Command) shows Headquarters and Headquarters Company, 3rd Brigade, 1st Armored Division. (7) Item 22b (Total Active Service) – 1 year, 6 months, and 2 days. f. On 13 February 2020, in ABCMR Docket Number AR20190011427, the ABCMR denied the applicant's request to show his rank/grade as SP4/E-4 and service credit 2 years. The Board found no documentary evidence that the applicant was promoted to SP4/E-4. His DD Form 214 shows the applicant was released from active duty on 1 February 1972 after 1 year, 6 months, and 2 days of active service and transferred to the USAR Control Group by reason and authority of AR 635-200, Separation Program Number 434 as directed by Department of the Army Message 102035Z. The applicant served the rest of his 6-year service obligation in the USAR Control Group. Being in the USAR Control Group is an inactive status; not a paid status and does not prevent members from having civilian employment. The Board found no basis to change the applicant's service credit to 2 years and no error or injustice in these periods of service or transfers. g. The applicant's available records are void of a Commander's recommendation or orders promoting him to the rank/grade SP4/E-4. 4. The applicant provides: a. Self-authored closing statement wherein the applicant states he has been trying to get his rank corrected since 1972, and he is prepared to submit his statement to the press. b. National Personnel Records Center letter, dated 25 April 2006, in which the applicant requested the home addresses of former service members to support his VA claim. c. On 15 November 2010, the ABCMR administratively closed the applicant's request to return medical reports removed from his veteran file in Docket Number AR20100015211. The Army does not have jurisdiction over VA claim files and his application was returned without action. d. U.S. Army Financial Management Command letter, dated 2 November 2018, in which the applicant sought payment for six months of military service. Item 11d of his DD Form 214 states the effective date of his ETS from active duty. The date reflected the last day he was eligible for military pay and allowances. While he was transferred to the USAR, unless he performed duty while in the USAR on any day after 1 February 1972, no pay and allowances are due. He was asked to provide a copy of a DD Form 215 (Correction to DD Form 214), changing his ETS to a later date or documentation reflecting his performed duty as a Reservist, and his claim was closed. e. Self-authored statement, undated, in which the applicant responded to U.S. Army Financial Management Command letter, dated 2 November 2018, stating that his original ETS was 23 July 1972. Item 11c is the authority that placed him in the IRR on the date 1 February 1972 and he was sent home awaiting recall back to active duty if necessary. He did not perform any USAR duties since he was transferred to the USAR in St. Louis, but he had a medical profile and could not perform any training drills. f. On 24 May 2019, in Docket Number AR20190001784, the ABCMR denied the applicant's request to change his rank/grade to SP4/E-4 and to change his term of service to 2 years citing that his record is void of evidence showing his promotion to SP4; his separation orders reflects 1 year, 6 months, and 2 days of active service; and his DD Form 214 correctly reflected his active duty services. g. Numerous Self-authored statements, undated, in which the applicant responded to the record of proceedings in Docket Number AR20190001784, dated 24 May 2019: (1) Page 1 – He requested a copy of the letter from July 1972 stating that he had 3 years to file for correcting of his military records or anytime thereafter. (2) Page 2, Paragraph A – On 1 February at 0700 hours, all military were ordered not to seek immediate employment since he was still in the Army and he complied. (3) Page 2, Paragraph B, C, D – A medical statement was provided by the VA for October 1972 after a complete physical in October 1972 after filing his claim for his service-connected disability. In October 1973, he was ordered for another VA examination since he was refused employment in August 1972 due to his diagnosis of back injury, fractured spine. The diagnosis was sent to the USAR Component Personnel and Administration in December 1974 along with doctor's statements for each condition. (4) Page 3, Item F – He states that three statements from were removed from his veterans file on 1 April 1980 by VA employees in (5) Page 3, Item 5 – According to his VA C-File, there are 50 documents missing from his military medical records and 201 file; including his permanent profile and his orders promoting him to SP4/E-4 in September 1971. (6) Page 4, Board Determination/Recommendation – He complied with the military orders read on 1 February 1972 and he should be compensated for every month until his ETS. (7) Page 4, Board Discussion – The error of injustice is the Army ordering him to the IRR from 1 February 1972 to 23 July 1972 without any compensation for his last 6 months of active duty service. h. Self-authored statement, dated 13 August 2019, in which the applicant provided a copy of VA Federal Benefits for Veterans, Dependents and Survivors, 2010 Edition. i. ARBA, Case Management Division letter, Docket Number AR20190011427, dated 26 August 2019, acknowledged the applicant's request and advised that due to the high volume of applications, case processing could take between 10-18 months. j. Self-authored statement, dated 10 September 2019, in which the applicant stated the Board failed to contact the appropriate departments pertaining to the applicant's final duty station. k. Self-authored statement, dated 24 September 2019, regarding his placement in the IRR and his promotion to SP4/E-4. l. Self-authored statement, dated 27 January 2020, regarding the removal of documents from his veteran file on 1 April 1980 and the military orders that were read on 1 February 1972. m. Self-authored statement, dated 18 February 2020, in which the applicant requested reconsideration of ABCMR application. n. Self-authored statement, dated 4 March 2020, in which the applicant requested to file a complaint for nonresponse. o. Self-authored statements, Docket Number AR20190011427, dated 13 November 2020, in which the applicant disputed the findings of the ABCMR. p. Self-authored statement, dated 19 February 2021, in which the applicant disputed the response of several ABCMR employees. q. Self-authored statement, Closing Statement, dated 5 April 2021, in which the applicant disputed the response of several ABCMR employees. r. Self-authored statement, dated 12 May 2021, in which the applicant disputed the response of several ABCMR employees. s. ARBA, Case Management Division letter, Docket Number AR20210016712, dated 16 November 2021, advised the applicant that due to the high volume of applications, case processing could take between 18-24 months. In a self-addressed Statement, dated 28 November 2021, the applicant stated he received the same response before. t. Self-authored statement, dated 26 November 2021, in which the applicant states that the Army and the Defense Finance Accounting Service know he was never compensated for his last 6 months of service. u. ARBA, Case Management Division letter, Docket Number AR20210017181, dated 1 December 2021, acknowledged the applicant's request and advised the applicant of the processing time associated with cases. v. Self-authored statement, dated 1 December 2021, in which the applicant disputed the ABCMR findings and requested a hearing with the Secretary of the Army to verify his payment and promotion to SP4/E-4. w. Self-authored statement, Docket Number AR20210016712, dated 14 December 2021, in which the applicant stated he was diagnosed with multiple medical conditions. He is 71 years old and would like the correct ETS on his grave marker. x. Self-authored statement, dated 14 December 2021, in which the applicant outlined the circumstances of his request and the findings of the ABCMR. y. Three self-authored statements, undated, in which the applicant requested review of his discharge to correct his ETS from 1 February 1972 to 23 July 1972 and payment for the last 6 months. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant was inducted into the Army of the United States (AUS) to serve for two years. However, the separation authority reflected on his DD Form 214 shows he was released early by way of a draw-down program for AUS Soldiers. Therefore, the Board agreed there was no error nor injustice not to show he completed 2-years of service on the DD Form 214. The Board also agreed his record is void any evidence that shows he was promoted to E4 and held that rank when he was released from active duty. The Board determined there is insufficient evidence to amend the previous Board’s decision. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to depict the military service of the applicant more accurately. 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: Except for the correction 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 to amend the decision of the ABCMR set forth in Docket Number AR20190011427 on 13 February 2020. 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): The applicant authority for separation and separation code shows he was released from active duty because of an early release program for inducted members. Please add to the Remarks section of his DD Form 214 “Soldier has completed first full term of service.” REFERENCES: 1. Army Regulation (AR) 624-200 (Promotions, Demotions, and Reductions, Appointment and Reduction of Enlisted Personnel), in effect at the time, prescribed the policies and procedures governing appointment and reduction of all enlisted personnel on active duty, other than active duty for training. a. Section I (General), Paragraph 3 (Authority to Appoint) states that for appointments to grades in pay grades E-3 and E-4; Company, Troop, Battery, or separate Detachment Commanders have the appointment authority of personnel assigned to their commands. b. Section III (Temporary Appointment to Pay Grades E-4 through E-9), Paragraph 16 (Eligibility and selection criteria) states in order to be eligible for temporary appointment, an individual must: (1) Complete the following time in pay grade: * E-4; 6 months in E-3 * E-5; 8 months in E-4 (2) Be recommended by the unit commander. 2. AR 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of a Soldier's military service. The DA Form 214 is a summary of a Soldier's most recent period of continuous active service. The instructions for completing the DA Form 214 specified that all available records will be used as a basis for preparation of DA Form 214, including DA Form 20 and orders. a. Item 5a – Enter grade in which serving at the time of separation indicating whether permanent or temporary. b. Item 5b – Enter pay grade. c. Item 11a – If the enlisted person incurred a Reserve obligation under Title 10, United States Code, subsection 651a and is being transferred to the Army Reserve for the purpose of satisfying the obligation, the entry "Transferred to USAR will apply. d. Item 11c – The authority for transfer or discharge will be entered in this item by reference to the appropriate regulation, circular, bulletin, special separation directive, statute, etc., followed by the Separation Program Number and descriptive reason for transfer or discharge. e. Item 12 – Enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization. 3. AR 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016712 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1