AR20150009264

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20150009264

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

__x______ ___x_____ ___x__ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20150009264

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.

__________x_______________
CHAIRPERSON

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.

BOARD DATE: 2 June 2016

DOCKET NUMBER: AR20150009264

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests restoration of his rank and pay grade to specialist four (SPC)E-4.

2. The applicant states:

a. He was the Distinguished Honor Graduate at Advanced Individual Training (AIT) and also passed the Officer Selection Board test. He was a model Soldier at Fort Stewart, driving the commander and receiving awards and letters for his duty performance.

b. When he went to Germany he developed his illness and went to sick call numerous times. He was always told nothing was wrong with him. The entire command structure including his section sergeant swept him under the rug and pretended there was nothing wrong with him. No one wanted to admit to mental illness back then. They let him just get worse as they waited on his discharge date. They did not keep records on him, they just ignored the problem and let him be discharged honorably instead of with a medical discharge.

c. He was given no treatment in the Army, instead he was ignored until just before a permanent change of station. One week before leaving he was told that he was not welcome to reenlist, he received a company level demotion to private first class (PFC)/E-3. He feels this was unjust, if he had received treatment in the Army he would have retained his rank.

d. He beseeches the Board to consider this and restore his rank.

3. The applicant provides copies of

* 6 February 1992 Distinguished Graduate Diploma, Certificate of Achievement, Certificate of Appreciation, Letter of Commendation, Letter of Appreciation as the Combat Signaler course distinguished graduate
* 29 March 1993 Letter Of Appreciation
* 2 April 1993 Letter Of Appreciation
* 20 April 1993 Letter Of Appreciation
* 7 May 1993 5th Air Attack Artillery Certificate of Achievement
* 15 October 1993 DA Form 638-1 (Recommendation for Award) for the Army Achievement Medal and Army Achievement Medal certificate
* 12 January 1994 DA Form 638-1 for the Army Achievement Medal and Army Achievement Medal certificate
* 8 November 1994 Atlantic Resolve ’94 Certificate of Appreciation.
* 27 July 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 27 July 1996 Honorable Discharge Certificate
* 18 May 1999 Honorable Discharge Certificate

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2. The applicant’s service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3. The applicant enlisted in the Regular Army on 3 September 1991, completed basic combat training, and the Combat Signaler course (31K) as a distinguished graduate.
4. The applicant received three letters of appreciation for his duty performance on a funeral detail on 13 March 1993.

5. On 7 May 1993 the applicant received a 5th Air Attack Artillery Certificate of Achievement for his service as a member of the Fort Stewart Honor Guard.

6. On 15 October 1993 the applicant was awarded the Army Achievement Medal. The award order shows his rank as a PFC.

7. On 12 January 1994 the applicant was awarded a second Army Achievement Medal. This award order shows his rank as a SPC.

8. On 8 November 1994 the applicant in the rank of SPC received an Atlantic Resolve ’94 Certificate of Appreciation.

9. On 12 June 1996 the applicant was awarded the Army Good Conduct Medal, by Permanent Orders 164-01 issued by 38th Personnel Service Battalion. This award order shows his rank as PFC.

10. The record contains no documentation as to specifically when or why the applicant was reduced to PFC.

11. His DA Form 2A (Personnel Qualification Record Part I) shows his rank and grade as private first class (E-3) as of 22 February 1996.

12. The applicant’s DA Form 2-1 (Personnel Qualification Record Part II) does not show any advancements, promotions, or demotions other than his initial entrance rank and pay grade of private, E-1.

13. The applicant was released from active duty on 27 July 1996 with an Honorable Discharge Certificate. His DD Form 214 shows he was released from active duty and transferred to the U.S. Army Reserve (USAR) as a PFC/E-3.

14. The applicant was honorably discharged 18 May 1999 from the USAR as a PFC.

REFERENCES:

1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotion and reductions policy and functions of the military personnel system in effect at the time. Advancement to the rank of SPC and below is a decentralized process. For advancement to PFC, there was a
12-month time in service and a 4 month time in grade requirement that was waivable by the unit commander. For advancement to SPC, there was a
26-month time in service and 6-month time in grade requirement that again was waivable by the unit commander. The DAForm4187 (Personnel Action) was the appropriate form to use to advance and reduce Soldiers in the rank of SPC or below. Filing instructions included filing a copy of the signed DA Form 4187 in the Soldiers official military personnel file.

2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION:

1. At some point between 5 February 1996 and 12 June 1996 the applicant was reduced from SPC to PFC. Without documentation (DA Form 4187) as to the reason for his reduction the presumption of administrative regularity should be applied to his application.

2. The applicant has not provided and the record does not contain any evidence to show that he had untreated medical, mental, or emotional problems nor has he provided evidence to support a diagnosis of a mental health condition post-service that could have contributed to his unit commander reducing him to PFC.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009264

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009264

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2