RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 February 2008 DOCKET NUMBER: AR20070014916 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Ms. Linda D. Simmons Chairperson Ms. LaVerne M. Douglas Member Mr. John G. Heck Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show he was promoted to Staff Sergeant (SSG), E-6. 2. The applicant states that he was promoted but pay was never received. 3. The applicant provides a partial Enlisted Promotion List, dated 15 June 1967. 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. After having had prior service in the U. S. Navy, the applicant enlisted in the Regular Army on 20 January 1960. He was honorably discharged on 23 January 1962 and immediately reenlisted on 24 January 1962 for 6 years. 3. The applicant was promoted to Specialist Five (SP5), E-5 on 16 April 1965. 4. The applicant provided a partial Enlisted Promotion List, dated 15 June 1967, that announced personnel selected for promotion by the Tuy Hoa Sub Area Command (Vietnam) Promotion Board. The List noted that, except for those instances where the command had no vacancy in a particular military occupational specialty (MOS) and grade, promotions would be made by list sequence. This List shows the applicant was selected for promotion in MOS 55E. 5. Orders dated 4 August 1967 reassigned the applicant to the States. The applicant’s rank and grade are listed as SP5, E-5 on the standard name line. 6. The applicant was honorably discharged on 23 January 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 23 January 1968 is not available. 7. The applicant’s discharge orders, dated 17 January 1968, show his rank and grade as SP5, E-5 in the standard name line. On 23 January 1968, the applicant completed a DA Form 3082-R (Statement of Medical Condition). On this form, he listed his rank as SP5. 8. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7 at the time, stated that individuals could be recommended for promotion by the unit commander only against authorized position vacancies existing or projected for a 2-month period within the command as announced by the promoting authority. An individual who was next line for promotion to fill the vacancy and for whom a promotion quota was received would be promoted by the losing commander up to the date of arrival at the new duty station even though intransit. DISCUSSION AND CONCLUSIONS: 1. The applicant provided evidence to show he was selected for promotion to SSG by a promotion board; however, there is no evidence of record and he provided none to show that that he was actually promoted against an authorized vacancy after a promotion quota was received. 2. The applicant’s August 1967 orders transferring him to the States listed his rank as SP5. His discharge orders listed his rank as SP5. There is insufficient evidence to show he was promoted to SSG prior to his discharge in January 1968. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __lds___ __lmd___ __jgh___ 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. __Linda D. Simmons____ CHAIRPERSON INDEX CASE ID AR20070014916 SUFFIX RECON DATE BOARDED 20080226 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY Ms. Mitrano ISSUES 1. 131.00 2. 3. 4. 5. 6.