AR20150009575

IN THE CASE OF:

BOARD DATE: 29 March 2016

DOCKET NUMBER: AR20150009575

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

IN THE CASE OF:

BOARD DATE: 29 March 2016

DOCKET NUMBER: AR20150009575

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.

IN THE CASE OF:

BOARD DATE: 29 March 2016

DOCKET NUMBER: AR20150009575

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 correction of his DD Form 214 (Report of Separation from Active Duty) to show his rank/pay grade as private (PV2)/E-2 and his active duty entrance date as 30 January 1974.

2. The applicant states he entered service prior to attending basic training. He was in command of 99 other Soldiers waiting to attend basic training. He was told he would be promoted to PV2 because of his early entrance on active duty. He never received the promotion to PV2.

3. The applicant does not provide any additional evidence.

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. A DD Form 4 (Enlistment Contract Armed Forces of the United Sates) shows the applicant enlisted in the Regular Army on 30 April 1974 in the rank/grade of PV1-E-1.

3. His DA Form 20 (Enlisted Qualification Record) shows he began his service on 30 April 1974.

4. On 16 July 1974, he was notified of his pending discharge under the provisions of Department of the Army (DA) message, dated 011510ZAugust 1973, subject: Evaluation and Discharge of Enlistees Before 180Active Duty Days. The unit commander based his recommendation for discharge on the applicants negative attitude, his lack of self-discipline evidenced by his frequent lack of self-control, and his lack of motivation and determination.

5. The separation authority approved the recommendation for discharge on 13 August 1974 and directed that the applicant be issued an honorable discharge.

6. Accordingly, the applicant was discharged with an honorable discharge on 16 August 1974. He served 3months and 17days of total active service. His DD Form 214 shows in:

* Items 6a (Grade, Rate or Rank) and 6b (Pay Grade), the entries “PV1” and “E-1”
* Item 7 (Date of Rank), the entry “74-04-30”
* Item 15 (Date Entered Active Duty this Period), the entry “74-04-30”

7. His service records do not contain promotion orders advancing him to PV2/E-2.

REFERENCES:

Army Regulation 635-5 (Separation Document), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and DD Form 215. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It stated:

* items6a and 6b would show the active duty rank and pay grade at the time of the Soldier’s separation
* item7 would show the date of rank
* Item 15 shows the date of entry on active duty as a result of enlistment or reenlistment

DISCUSSION:

1. The applicant contends he entered active duty prior to attending basic training; however, his enlistment contract shows he enlisted in the Regular Army on 30 April 1974 as shown on his DD form 214.

2. He further contends that he was told he would be promoted to PV2 due to his early entrance on active duty; however, his service records do not contain promotion orders advancing him to PV2. Further, there is no evidence showing he entered active duty prior to his enlistment date.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009575

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009575

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2