IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150007684 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, promotion to master sergeant (MSG)/E-8. 2. The applicant states he may have been accidently overlooked for promotion prior to his retirement in 1993. He attended the first sergeant’s (1SG) course and was awarded the 1SG identifier on 22 September 1992. He served as a 1SG for 15 months in Korea. He permanently changed station to Fort Hood, TX where he served as a 1SG from 1992 to 1993. He supervised over 360 Soldiers. He mailed his packet to the Standby Advisory Board at Fort Knox, KY; however, he did not receive a reply. 3. The applicant provides: * self-authored statement * 3 DA Forms 2166-7 (Noncommissioned officer Evaluation Report) * excerpt from AR 614-200 * photographs * DD Form 214 (Certificate of Release or Discharge from Active Duty) * orders * DA Form 4187 (Personnel Action) * DA Form 3713 (Data for Retired Pay) * Certificate of Training * Army Commendation Medal (ARCOM) Certificate * DA Form 2A (Personnel Qualification Record-Part I) * DA Form 2-1 (Personnel Qualification Record-Part II) * letter of support * 2 letters of congratulations to the applicant 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. Records show the applicant was retired on 30 June 1993 and he was credited with completing over 20 years of active duty service. 3. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in: * Item 4a/4b (Grade, Rate or Rank)/(Pay Grade) sergeant first class (SFC)/E-7 * Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) 88M, Motor Transport Operator, 14 years and 0 months and 95B, Military Police, 12 years and 2 months * 12h (Effective Date of Pay Grade) 1 December 1987 4. The applicant's record is void of any evidence that shows he was selected for promotion to MSG/E-8. 5. He provides documentation showing he completed the 1SG’s course and was awarded the 1SG’s identifier. He further provides DA Forms 2166 showing his duty assignment as 1SG. However, he did not provide any evidence showing he was promoted to MSG. 6. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7, in effect at the time, prescribes the centralized promotion system and the selection and promotion to grades E-7, E-8, and E-9. a. Paragraph 7-36, states, in pertinent part, that eligibility for promotion consideration to E-8 is based on date of rank (DOR) and cumulative enlisted service. It also states for promotion to E-8, the eligibility criteria listed below must be met before the Department of the Army (DA) board convenes to qualify a Soldier for inclusion in a zone of consideration: * Meet announced DOR requirements and other eligibility requirements criteria prescribed by Headquarters DA * Have 8 to 10 years cumulative enlisted service * Be serving on active duty in an enlisted status on the convening date of the selection board * Have a high school diploma or general educational development equivalent or an associate or higher degree * Not be barred from reenlistment or denied reenlistment through the qualitative screening process b. Soldiers who are not selected for promotion by DA boards will not be provided specific reasons for nonselection. Board members may not record their reasons nor give any reasons for selection or nonselection. Selections are based on relative qualification and the projected need in each career management field for E-8 and E-9 and by MOS for E-7. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should have been promoted to MSG because he completed the 1SG’s Course, was awarded the 1SG identifier, and served in a 1SG’s position. 2. Duty assignment is but one component of the promotion system; there are many other criteria to consider in promoting an NCO to MSG. The promotion system is competitive and seeks to promote the best qualified Soldier. 3. The applicant's record has been reviewed and there are no promotion orders to MSG in his file. Absent evidence to the contrary, it must be presumed that he was never promoted beyond SFC for valid reasons. 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) AR20150007684 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007684 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1