IN THE CASE OF: BOARD DATE: 14 October 2010 DOCKET NUMBER: AR20100009945 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 promotion to pay grade E-5. 2. The applicant states he was summoned to the commanding officer's office and presented with sergeant stripes and a copy of the enclosed document that shows him ranked first on the E-5 selection list. He was then asked to give the stripes back and told that he would receive them at the proper time. He thinks the Army made a mistake in not promoting him. He is not interested in the money, only in the recognition. 3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a 19 November 1971 local promotion list showing him ranked first for promotion to pay grade E-5, with a promotion score of 691.3 points. 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 on 30 July 1968, completed training, and was awarded military occupational specialty 72B, communications center specialist. He served in Vietnam where he was advanced to pay grade E-4 and awarded a Bronze Star Medal and an Army Commendation Medal. 3. In May 1971 he reported to Headquarters and Headquarters Detachment, 172d Support Battalion, 172d Infantry Brigade in Alaska. On 15 September 1971, he was transferred, in accordance with his own request, to the Fixed Signal Operating Company (Special), U.S. Army Alaska. 4. On 27 December 1971, the applicant submitted a request for separation from active duty in Alaska. The signature block shows his rank as specialist four. 5. On 2 February 1972, the applicant was separated early as an overseas returnee. His DD Form 214, identified his rank and pay grade as specialist four (E-4). 6. The available records contain no promotion orders for the applicant. DISCUSSION AND CONCLUSIONS: 1. The applicant states he was presented with sergeant stripes and a copy of the E-5 selection list. He was then asked to give the stripes back and told that he would receive them at the proper time. He thinks the Army made a mistake in not promoting him. He is not interested in the money only in the recognition. 2. The available evidence clearly shows that the applicant was recommended for promotion to pay grade E-5; however, it does not show that his 691.3 promotion points were sufficient to meet the Army wide cut-off score prior to his subsequent release from active duty. 3. In any event, there simply is no available evidence that the applicant was ever promoted; a fact that he clearly understood, as evidenced by his signing documents that showed his rank as specialist four. 4. 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 has failed to submit evidence that would satisfy this requirement. 5. In view of the foregoing there is no basis for granting the applicant's 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) AR20100009945 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100009945 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1