IN THE CASE OF: BOARD DATE: 25 August 2016 DOCKET NUMBER: AR20150011909 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 25 August 2016 DOCKET NUMBER: AR20150011909 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: 25 August 2016 DOCKET NUMBER: AR20150011909 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 military records to show he was promoted to master sergeant (MSG)/E-8 with retroactive pay and allowances. 2. The applicant states he was promoted, but wasn't told about it. 3. The applicant provides: * memorandum from the U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, MO, dated 27 May 1977, subject: Correction of Part 1, Personnel Data Senior Enlisted Evaluation Report (SEER) * 1st indorsement, dated 30 June 1977, subject: Correction of Part 1, Personnel Data SEER * memorandum from the U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, IN, dated 27 May 1977, subject: Correction of SEER * Honorable Discharge Certificate * correspondence from a Member of Congress, dated 28 December 2015 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. Having prior enlisted service in the Army of the United States and U.S. Army Reserve, the applicant enlisted in the Regular Army on 18 September 1963. He was promoted to sergeant first class (SFC)/E-7 effective 23 January 1975. 3. Part I (Personal Data), block A (Grade – Name), of his DA Form 2166-5A (SEER) covering the period April 1976 through April 1977 shows his grade as SFC. 4. He provided documentation showing Part I, block J (Duty Position Title/Authorized Pay Grade), of his DA Form 2166-5A covering the period April 1976 through April 1977 was amended to read: "AUTH PAY GR [Authorized Pay Grade] MSG E-8." 5. Block J of his DA Forms 2166-5A for the periods May 1977 to April 1978 and May 1978 to August 1978 show the authorized pay grade for his duty position as MSG/E-8. 6. Item 6 (Highest Grade Served on Active Duty and Branch of Service) of his DA Form 2339 (Application for Voluntary Retirement) shows the highest grade he held on active duty was SFC. 7. Item 8 (Highest Grade Attained) of his DA Form 3713 (Data for Retired Pay) shows the highest grade he attained was E-7. 8. He retired on 31 October 1985 in the rank of SFC. 9. There is no evidence of record showing he was recommended and selected for promotion to MSG. 10. He provided a letter from his daughter to a Member of Congress, dated 23 December 2015, which states: a. In July 2015, she and her father visited the Veterans Service Officers Department and spoke with a service officer regarding an authorized correction of pay grade increase from SFC to MSG. The service officer assisted them in completion of the application for correction of his military records. b. Her father received an honorable discharge from the Army on 18 October 1981 and exited inn pay grade E-7. He recalls conversations during that period of being awarded the honor of MSG, but he never heard any more about it. c. In November 2015, they returned to the Veterans Administration Benefits Office and Veterans Services Office to follow up on their request. Both departments were clueless as to the reason for the application not being recorded. Afterward, she contacted various military personnel but has received continuous referrals to other departments. REFERENCES: Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated appointments, promotions, grade reductions, and grade restorations were announced in routine orders for enlisted personnel in grades E-3 through E-9. DISCUSSION: 1. The applicant contends his military records should be corrected to show his rank/pay grade as MSG/E-8 because he was promoted, but wasn't told about it. His daughter contends he recalls conversations of being awarded the honor of MSG, but never heard any more about the promotion. 2. The evidence of record shows the authorized pay grade of the applicant's duty position was amended to read MSG/E-8 in item J of his DA Form 2166-5A covering the period April 1976 through April 1977. His rank, however, is shown as SFC. There is no evidence showing he was recommended and selected for promotion to MSG/E-8 by proper authority prior to his retirement on 31 October 1985 or entitled to retroactive pay and allowances. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011909 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011909 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2