MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 January 2001                   
	DOCKET NUMBER:   AR2000039652

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In essence, promotion to the rank of master sergeant (MSG), pay grade E-7, retroactive to 1957.  

APPLICANT STATES:  In essence, that the promotion selection process in his unit (Headquarters Company, First United States Army) was tainted in the late 1950's;  he was denied promotion and an unqualified individual was selected over him in 1957 because of institutional discrimination and cronyism.  In support of these allegations, he submits a detailed explanation of his contentions, and documentary evidence which are outlined in the evidence of record section, below.  He also submits a number of letters of appreciation and certificates showing outstanding performance of duty, to include at least one letter from his assignment at First United States Army.  

He contends that the "current petition process" did not come into existence until after his retirement in 1960.  The current process of appeal is like a "fantasy" to him.  He also states that during his period of service, racial and ethnic minorities were the victims of open discrimination.  Minority soldiers who openly challenged a decision or situation were often faced with retribution.  During World War II and Korea, soldiers lived with a much more strict code of "silence."  He has lived much longer than many other soldiers and his "pension" is small.  The hardship grows harder each year and "justice demands that an old mistake be corrected." 

He further contends that when he reported into his unit late at night, he became involved in an unpleasant incident with a senior sergeant, who later turned out to be the chief clerk (noncommissioned officer (NCO)) of the Adjutant General Section, which was responsible for processing promotions.  When he and another soldier were recommended for promotion to MSG, pay grade E-7, the recommendation of the other soldier (from the Special Services Office (SSO), not as highly qualified as the applicant, was actually submitted for promotion consideration.  He believes that the other NCO had a favorable relationship with the Adjutant General Section and often provided passes and free tickets to shows and other entertainment activities in New York City.  Thus, through favoritism and influence peddling, the other soldier was promoted.  

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 19 August 1919 in Puerto Rico.  He served honorably during World War II in the Regular Army from 11 November 1940 through 9 December 1945 as an Infantryman and a Radio Operator.  His records show that he served in the European Theater of Operations in North Africa and France from January 1943-November 1945.  He was returned to Puerto Rico for demobilization/
separation.  The highest rank he attained was technician five (comparable to the rank of corporal, but at the pay grade E-3 pay level).  His awards and decorations included the Bronze Service Medal; the Good Conduct Medal; the American Defense Service Medal, with foreign service clasp and one bronze service star; the American Campaign Medal; the European-African-Middle Eastern Campaign Medal with three bronze service stars; the World War II Victory Medal; the Army of Occupation Medal with Germany Clasp and the Combat Infantryman Badge.  He also would have been issued the World War II Lapel Button.  He was a member of the 65th Infantry Regiment during World War II.  

He immediately reenlisted in Puerto Rico for 3 years on 10 December 1945.  He was assigned to the Personnel Center, Antilles Command in Puerto Rico and served initially as a Truck Driver.  His rank remained technician five.  On 
23 September 1946, he was found guilty by a special court-martial of illegally carrying a concealed weapon, specifically, a German P-38 pistol.  His approved punishment included reduction to the rank of private, to forfeit $28.00 pay per month for 4 months and restriction to his unit area for 1 month.  However, by 
1 January 1947, he was restored to the rank of technician five and in May 1948, he was retrained as a Military Policeman.  He was promoted to the rank of corporal, pay grade E-4, in September 1948.  He was honorably discharged on 
9 December 1948 and immediately reenlisted on 10 December 1948 for 3 more years service for duty as a military policeman, with the rank of corporal.  He was promoted to the rank of sergeant, pay grade E-5, in November 1950.  He was honorably discharged and immediately reenlisted on 10 December 1951 for 
6 more years.  

Details of his duties and assignments between 1951 and 1955 are somewhat sketchy, but it appears that sometime in November 1952, he was assigned to duties in the intelligence field.  He appears to have been initially trained and qualified as a photo interpreter, since his records later show he was reclassified into MOS 969.66 (Photo Interpreter) on 19 December 1952.  On 28 November 1953, he was promoted to the rank of SFC, pay grade E-6.  In June 1954, he was assigned to the office of the Assistant Chief of Staff (ACofS)
G-2 (responsible for intelligence policy and operations), Seventh United States Army in Germany to perform duties as an Intelligence Analyst.  On 17 June 
1954, his command requested that he be reclassified to MOS 1636 (Intelligence Analyst).  This request appears to have been approved on or about 24 June 1954.  Subsequently, MOS 1636 was renumbered as MOS 962.66.  

In May 1956, the applicant was reassigned to the First United States Army at Fort Jay, New York.  In August 1956, he assumed the duties as the chief clerk in the ACofS, G2 office, First United States Army.  His primary and duty military occupational specialty (MOS) were 962.66.  His rank remained as SFC, pay grade E-6.  He also held a secondary MOS of 969.66 (Photo Analyst).

He was recommended for promotion to the rank of MSG, MOS 962.60 by his section chief, a colonel, on 10 June, 19 July, 10 September, 22 October. 
19 November and 10 December 1957.  One vacancy existed for the recommended rank to which promotion was recommended.  In June 1957 he had 45 months in grade and 201 months time in service.  He had held the duty position of chief clerk since August 1956.  His conduct and efficiency ratings were shown as excellent and he had no lost time.  No specific duty performance characteristics were initially shown, but later recommendations stated that he had "outstanding abilities of leadership, integrity, honesty and perseverance."  He was recommended above all others of his contemporaries as "best qualified" for promotion to the pay grade of E-7.  

However, also in the same headquarters, another SFC, with the same primary MOS was serving in the Special Services Office (SSO) but his duty MOS would have been different.  On 11 June 1957, his supervisor (a lieutenant colonel, serving as the SSO) recommended this sergeant for promotion to MSG, pay grade E-7 in MOS 962.60.  He had 67 1/2 months time in grade and 157 months of active service.  His conduct and efficiency ratings were excellent, and he had no lost time.  His supervisor noted that the SFC he was recommending had "consistently demonstrated outstanding performance in his assigned duties."  He was sober, intelligent, trustworthy and morally above reproach.

The applicant claims that the SSO sergeant was selected ahead of him for promotion to MSG, pay grade E-7, but there is no evidence with the application or in the applicant's records when this occurred.  

In any case, the applicant was honorably discharged and immediately reenlisted for 3 years on 10 December 1957.  

The documents with his application show that the ACofS (G-2) office continued to recommend the applicant for promotion into 1958, specifically on 29 April and 
7 May 1958.  Two position vacancies were shown as being open on those dates, and these vacancies may have existed as far back as December 1957.  

There is no evidence that the applicant was ever promoted to the rank of MSG, pay grade E-7, since on 31 December 1960, the applicant was released from active duty, in pay grade E-6, with the rank title of SFC, for placement on the Retired List on 1 January 1961.  He had 20 years, 1 month and 19 days active service.  He had no lost time.  Besides the awards and decorations he received at the end of World War II, his additional awards and decorations included the Army Commendation Medal, five more awards of the Good Conduct Medal and the National Defense Service Medal.

The enlisted promotion system, in existence prior to 1969, was a decentralized system.  Promotions to pay grade E-7 at the time the applicant served, and subsequently to the rank of first sergeant/master sergeant, pay grade E-8 and sergeant major/command sergeant major (new ranks/pay grades added in June 1958), were promoted based upon position/rank vacancies, cancelled requisitions and quotas.  Under this system, a soldier was not promoted unless a position vacancy existed at his or her unit of assignment.  Local promotion boards were convened to recommend soldiers for promotion to senior enlisted grades and those soldiers were then placed on a field recommended promotion list.  This was accomplished only after the unit commander (or supervisor in a headquarters situation) recommended that the soldier appear before a local promotion board.  Upon receipt of promotion quotas by MOS, the soldier with the highest standing on the list was promoted.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant, in this case, has failed to submit evidence that would satisfy this requirement.

2.  The applicant has provided a series of recommendations by his staff section for promotion to pay grade E-7 dated between June 1957 and May 1958.  However, he has failed to provide any evidence that he ever attained promotion list standing in his unit.  Even if he had, this is no guarantee that he would have been promoted.

3.  Further, he has not provided any evidence that the soldier in the SSO section was any more or less qualified then he was for promotion.  Just because this NCO was working in another duty section did not preclude him from being considered for promotion to the MOS 962.60 MSG/E-7 duty position vacancy since his primary MOS was MOS 962.

4.  Additionally, the Board notes that from December 1957 through May 1958 there were at least two position vacancies in the applicant's headquarters in his MOS, but there is no evidence that the applicant was ever selected for promotion.  

5.  In summary then, it is difficult at this late date for the Board to reconstruct what the promotion climate, promotion criteria and position vacancies in his unit were more than 40 years ago.  His claims of patent racial discrimination in the Army during the 1940's and 1950's is understood.  However, proof of individual discrimination or deliberate cronyism would have to be documented to support such allegations.  This has not been done in this case.  

6.  The Board notes the applicant's long and faithful service to the Army and his country.  He should be proud of this service.  However, the enlisted promotion process was and still is a merit promotion system.  In the absence of direct evidence of error, injustice, or racial discrimination, the Board is not in a position to recommend promotion of a soldier to a higher pay grade after retirement in a lower pay grade.  

7.  The applicant's comments on the size of his pension (military retired pay) is noted.  However, the pension was based upon the rank that he held at the time of retirement.  Further, periodic cost of living increases have been granted to him over the 40 years since he retired.  His entitlements to medical care, commissary and post exchange benefits and the like are additional retirement benefits, which while not equated to a monetary amount, are substantial and are not normally offered to non-military retirees.  

8.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jns____  __mhm__  __jtm ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000039652	
SUFFIX		
RECON		
DATE BOARDED	20010118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.03	
2.	131.09	
3.		
4.		
5.		
6.