IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150006750 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 the following: * promotion to the rank/pay grade of specialist five (SP5)/E-5 * a personal appearance before the Board 2. The applicant states: a. He received orders for reassignment to Fort Sheridan, IL, after serving in Thailand for 1 year. He was later transferred from Fort Sheridan to Fort Meade, MD. Because of this transfer he believes his promotion orders to pay grade E-5 did not catch up with him. His records did not follow him after he was transferred from one base to the next. b. He received an acceptance letter to the Ryder Technical Institute on 7 October 1971 to begin training on 18 October 1971. He was honorably discharged on 15 October 1971. With the swiftness of his acceptance letter and honorable discharge his promotion never reached him. He recently learned from the Department of Veterans Affairs (VA) that he could request this correction. He believes he is entitled to this compensation. 3. The applicant provides copies of the following: * VA Form 10-5345 (Request and Authorization to Release Medical Records or Health Information) * VA Form 21-4142 (Authorization and Consent to Release Information to the VA) * VA Form 21-526 (Veteran's Application for Compensation and/or Pension) * eight VA Progress Notes * Appointment for Sleepmed * Gold Team Discharge Instructions * Schedule Find Planned Event information * Negative and Positive Dialogue information * What is depression factsheet 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 5 March 1969. He was honorably discharged on 10 March 1969 for the purpose of enlisting in the Regular Army. He enlisted on 11 March 1969 and he held military occupational specialty 72B (communications center specialist). He was promoted to the rank/pay grade of SP4/E-4 (temporary) on 18 July 1969. 3. He served in Thailand from 26 August 1969 through 25 August 1970 and was assigned to the 442nd Signal Battalion. 4. He was recommended for promotion to the rank/pay grade of SP5/E-5 by a majority of a promotion board sometime in 1970. His chain of command recommended approval of his promotion on 11 and 13 August 1970. 5. Upon his return from Thailand, he was reassigned to the U.S. Army Support Detachment, Communications Center, Fort Sheridan, IL, on 23 October 1970. 6. He requested a compassionate reassignment on 17 November 1970 to Fort Dix, NJ, to be stationed closer to his ill mother. The DA Form 2496 (Disposition Form) lists his rank as SP4. 7. The Assistant Adjutant General advised the Fifth U.S. Army on 7 December 1970 that there were no position vacancies at Fort Dix, NJ; however, there was a vacancy at Fort Meade, MD, where the applicant's services could be utilized. 8. He agreed to the reassignment to Fort Meade on 10 December 1970 and his request was approved on 13 January 1971. 9. His records contain the following: a. A Promotion List memorandum, dated 10 February 1971, in which the Adjutant advised the Commander, 442nd Signal Battalion, APO San Francisco, that the applicant had arrived to his unit on 9 February 1971. The applicant's 201 file contained a summary, dated 13 August 1970, for the SP5 promotion board from the 442nd Signal Battalion recommending approval. If the applicant was placed on their standing promotion list for SP5, he was requesting a copy of the list. The memorandum lists his rank as SP4. b. A Promotion List memorandum, dated 10 March 1971, in which the Commander, 442nd Signal Battalion, stated they had no record of the applicant being on their SP5 promotion board for the month of August. The memorandum lists his rank as SP4. 10. He requested an early release from active duty on 28 September 1971 to attend school and his request was approved on 6 October 1971. The memorandum list his rank as SP4. 11. Special Orders Number 205, issued by Headquarters, Fort George G. Meade on 14 October 1971, released him from active duty effective 15 October 1971. The orders list his rank as SP4. 12. Accordingly, he was honorably released from active duty on 15 October 1971 and he was transferred to the U.S. Army Reserve (USAR). He was credited with completing 2 years, 7 months, and 5 days of net active service this period. His DD Form 214 lists in: * Item 5a (Grade, Rate, or Rank) – SP4 * Item 5b (Pay Grade) – E-4 * Item 6 (Date of Rank) – 18 July 1969 13. His service record is void of any orders promoting him to SP5/E-5 and item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the highest rank/pay grade he held was that of SP4/E-4. His record is also void of any pay records showing he was being paid as an SP5 prior to his release from active duty. 14. Letter Orders Number 02-1045299, issued by the USAR Components Personnel and Administration Center on 26 February 1975, honorably discharged him from the USAR effective 1 March 1975. The orders list his rank as SP4. 15. He provided copies of the following: * VA Forms 10-5345, 21-4142, and 21-526 (self-explanatory) * Eight VA Progress Notes, dated between 22 January and 3 October 2008, showing he received treatment for pain in his great toe, gout flares, post-traumatic stress disorder, anxiety, alcohol dependence, severe depressive symptoms, and left knee/ankle pain * Appointment for Sleepmed, Gold Team Discharge Instructions, Schedule Find Planned Event information, Negative and Positive Dialogue information, and What is depression factsheet 16. Army Regulation 600-200 (Personnel General – Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated the promotion of enlisted personnel to grades E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. 17. Army Regulation 635-5 (Separation Documents), in effect at the time, govern the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated items 5a and 5b would list the active duty grade or rank and pay grade at time of separation and item 6 would list the effective date for the grade shown in items 5a and 5b. 18. Army Regulation 15-18 (ABCMR), paragraph 2-11, states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing (personal appearance) whenever justice requires. DISCUSSION AND CONCLUSIONS: 1. With respect, to the applicant's request for promotion to SP5/E-5: a. He was promoted to the rank/pay grade of SP4/E-4 on 18 July 1969. He was recommended for promotion to SP5 in 1970 by a promotion board and his chain of command recommended its approval. Upon his return from Thailand (442nd Signal Battalion) he was reassigned to Fort Sheridan, IL. He later requested a compassionate reassignment due to his mother's health. b. He was reassigned to Fort Meade on 9 February 1971. The Commander, 442nd Signal Battalion, subsequently advised Fort Meade that they had no record of the applicant being on their SP5 promotion board list for the month of August. c. He requested an early release from active duty to attend school. He was discharged accordingly on 15 October 1971. His DD Form 214 lists his rank/pay grade as SP4/E-4 with an effective date of 18 July 1969. d. His records are void of any promotion orders and he failed to provide any evidence showing he was approved for promotion and/or promoted to the rank/pay grade of SP5/E-5 during his period of active duty. All documentation pertaining to his release from active duty list his rank as SP4. There is also no evidence he was being paid as an E-5 prior to his separation. e. By regulation, the promotion of enlisted personnel to pay grades E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. In the absence of such orders and/or the authority for this promotion, there is insufficient evidence to support the requested relief. Without evidence to the contrary, it appears his rank was SP4 at the time of his separation on 15 October 1971. He was also discharged from the USAR in the rank of SP4. 2. With respect to his request for a personal appearance before the Board, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not warranted to serve the interest of equity and justice in this case. 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) AR20150006750 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006750 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1