BOARD DATE: 3 June 2014 DOCKET NUMBER: AR20130016890 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, in effect, correction of his rank to show sergeant first class (SFC) instead of staff sergeant (SSG). 2. The applicant states the unit he was assigned to was deactivated and he was assigned to the Dwight David Eisenhower Army Medical Center, Fort Gordon (DDEAMC), GA. 3. The applicant provides: * Army Good Conduct Medal Certificate * Certificate of Retirement * Noncommissioned Officer Evaluation Report for the period ending June 1995 * DA Form 2A (Personnel Qualification Record (PQR) - Part I) * DA Form 2-1 (PQR - Part II) * two letters from the Defense Finance and Accounting Service, dated 19 February 2013 CONSIDERATION OF EVIDENCE: 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. 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 enlisted in the Regular Army on 11 July 1978. He completed training and was awarded military occupational specialty 19D (Cavalry Scout). 3. The applicant served in various positions within and outside of the continental United States. On 24 December 1983, he was promoted to the rank and grade of SSG/E-6. 4. Item 27 (Remarks) of the applicant's DA Form 2-1 shows that on 10 March 1994 a copy of his PQR was forwarded to the U.S. Army Enlisted Records and Evaluation Center for an SFC Promotion Board. 5. On 28 May 1996, he was assigned to the Medical Holding Company, DDEAMC, Fort Gordon, GA. On 31 October 1996, he retired and on 1 November 1996 he was placed on the Temporary Disability Retired List. 6. Item 4a (Grade, Rate, or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending shows the entry "SSG." Item 4b shows the entry "E6." 7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies pertaining to career management of Army enlisted personnel, to include enlisted promotions and reductions. A centralized promotion system went into effect for E-7s on 1 March 1969. Centralized promotion boards (for promotion consideration to grades E-7, E-8 and E-9) would select the best qualified Soldier in each MOS for promotion. They would recommend a specified number of Soldiers by MOS from zones of consideration who are the best qualified to meet the needs of the Army. The total number selected in each MOS was the projected number the Army needs to maintain its authorized-by-grade strength at any given time. DISCUSSION AND CONCLUSIONS: At this late date, it cannot be determined if the applicant was selected for promotion to SFC, but it appears that as of 1994 he had not been selected for promotion. In the absence of documentary evidence showing he was improperly denied promotion to SFC, there is no basis for granting the requested relief. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20130016890 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130016890 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1