IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150002138 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, in effect, retroactive promotion to staff sergeant (SSG)/E-6 with back pay and allowances. 2. The applicant states: * he was never promoted above the rank/grade of sergeant (SGT)/E-5 and he was required to perform the duties of a sergeant first class (SFC)/E-7 * he would have been forced out of the military had he not completed the standards * he was assigned to the 278th Military Police Company, 24th Infantry Division * he was an accident investigator and later served in the K-9 patrol dog section * he was reassigned to Fort Stewart, GA, as a desk sergeant since he was not trained in drug dog handling * he had three incidents while serving in the position of desk sergeant that caused him to be relieved of duty * the staff judge advocate's office was successful in getting him reassigned to the 24th Military Police Unit as an ammunition noncommissioned officer and he was never allowed to serve as a military policeman again * his retention noncommissioned officer told him he would be forced out of the military because of his previous mistakes if he offered to reenlist * he was released from active duty and he later joined the Georgia Army National Guard (GAARNG) * he believes the incidents and his service in the GAARNG caused him to never get promoted past the rank/grade of SGT/E-5 * he deployed during Operation Desert Storm and he got divorced and lost custody of his children and almost everything important to him upon his return * he became the unit administrator of an infantry unit and he had to do just about everything in running the unit * he lost his temper and he was reduced to the rank/grade of specialist four (SP4)/E-4 and it took him several months to regain the rank of SGT * he never reached his goal of becoming a command sergeant major, but he did get to retire 3. The applicant provides: * self-authored statement * Army Review Boards Agency letter, dated 15 January 2015 * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * Service Organization List 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 in the Regular Army in the rank/grade of private/E-1 on 20 January 1976. 3. On 24 August 1981, he was promoted to the rank/grade of SGT/E-5. 4. On 24 August 1984, he was honorably released from active duty in the rank/grade of SGT/E-5. 5. On 25 August 1984, he enlisted in the GAARNG in the rank/grade of SGT/ E-5. 6. Headquarters, Troop Command, GAARNG, Orders 17-1, dated 8 May 1985, and 122d Rear Area Operations Center, GAARNG, Orders 7-1, dated 9 May 1985, reduced him in rank/grade from SGT/E-5 to SP4/E-4 without prejudice in order to accept a full-time manning tour with the GAARNG. 7. Headquarters, Troop Command, GAARNG, Orders 27-3, promoted him to SGT effective 3 July 1990. 8. Headquarters, 2d Battalion, 121st Infantry, GAARNG, Orders 9-1, dated 8 February 1993, reduced him in rank/grade from SGT/E-5 to specialist (SPC)/ E-4 effective 8 February 1993 for misconduct. 9. Headquarters, 1st Battalion (Mechanized), 121st Infantry Regiment, GAARNG, Orders 7-1, dated 26 February 1994, promoted him to the rank/grade of SGT/E-5 effective 26 February 1994. 10. On 31 October 1996, he retired in the rank/grade of SGT/E-5. 11. His records are void of any evidence showing he was recommended for promotion or promoted to SSG/E-6. 12. National Guard Regulation 600-200 (Enlisted Management) provides policy for the management of enlisted Soldiers of the ARNG. a.  Promotion to the grades of E-6 and above require promotion board action. b.  Promotions to corporal through command sergeant major and all lateral appointments are announced in orders. c.  Paragraph 6-44h, in effect at the time, stated a Soldier could accept a voluntary reduction to qualify for a position vacancy. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for promotion to the rank/grade of SSG/E-6 was carefully considered. 2. The evidence of record shows he was promoted to the rank/grade of E-5 and he voluntarily accepted a reduction to the rank/grade of SPC/E-4 to accept a full-time manning tour on 8 May 1985. He was promoted again to the rank/grade of E-5 on 3 July 1990; however, on 8 February 1993, he was reduced in rank/grade to SPC/E-4 for misconduct. 3. Although he contends he should have been promoted beyond the rank/grade of SGT/E-5, his records are void of any evidence he was ever recommended for or promoted beyond this grade. 4. In view of the foregoing evidence, there is an insufficient basis to grant 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) AR20150002138 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002138 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1