BOARD DATE:	 8 January 2015 

		DOCKET NUMBER:  AR20140007444 


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 staff sergeant (SSG)/E-6.

2.  The applicant states:

	a.  He was wounded on 18 August 1971 after stepping on a land mine and did not receive notice of his promotion prior to being evacuated to Japan and then to Valley Forge Army Hospital.

	b.  He was medically retired in April 1972 in the rank of sergeant (SGT)/E-5 due to wounds sustained in Vietnam which made his continued service impossible.

	c.  He has a disposition form and letter of recommendation for promotion to the rank of SSG/E-6 signed by his commanding officers dated May 1971.

	d.  He asks if it is possible to receive the promotion strictly as a point of pride.  He is in the process of making arrangements for his future burial and it would be an honor to be buried in full dress uniform in the rank of SSG.

3.  The applicant provides:

* Promotion Points Worksheet
* DA Form 2496 (Disposition Form) (locally produced), dated 26 May 1971
* Department of the Army Office of the Adjutant General Letter Orders Number D 4-207, dated 5 April 1972
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 April 1972
* DD Form 215 (Correction to DD Form 214) for the period ending 19 April 1972
* DA Form 1577 (Authorization for Issuance of Awards), dated 1 May 2000

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 was inducted into the Army of the United States on 13 October 1969 and trained as an armor crewman.

3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to the rank of SGT effective 23 June 1970.

4.  He arrived in Vietnam on 3 November 1970.

5.  He provided a Promotion Points Worksheet and a recommendation for promotion to SSG dated 26 May 1971.

6.  He was wounded on 18 August 1971 and medically evacuated to Japan on 21 August 1971 and then to Valley Forge Army Hospital on 3 September 1971 for further medical treatment.

7.  On 19 April 1972, he was retired by reason of permanent disability.

8.  His DD Form 214 shows in:

* item 5a (Grade, Rate or Rank) – SGT
* item 5b (Pay Grade) – E-5
* item 6 (Date of Rank) – 28 June 1970

9.  There are no orders in the available records that show he was promoted to SSG/E-6.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated appointments, grade reductions, and grade restoration for enlisted personnel to grades E-3 through E-9 were announced in routine orders.

DISCUSSION AND CONCLUSIONS:

1.  The documentation provided by the applicant which shows he was recommended for promotion to SSG/E-6 by his commanding officer was carefully considered.  However, the evidence of record shows he held the rank of SGT/E-5 at the time he retired on 19 April 1972.

2.  Although he may have been recommended for promotion, there is no evidence which shows he was promoted to SSG by proper authority prior to his retirement on 19 April 1972.  Therefore, there is insufficient evidence on which to base 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 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)                                         AR20140007444



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ABCMR Record of Proceedings (cont)                                         AR20140007444



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