IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011687 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011687 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. IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011687 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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was promoted to the rank of specialist five (SP5)/E-5. 2. The applicant states his DD Form 214 shows he was discharged in the rank of specialist four (SP4)/E-4. He has evidence showing he was promoted to SP5 prior to his discharge. 3. The applicant provides memorandum, subject: Recommended List for Promotion of Enlisted Personnel to Grade E-5 and E-6, issued by Headquarters, U.S. Army Support Group, dated 25 February 1972. 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 on 15 September 1969. 3. He provides a memorandum, subject: Recommended List for Promotion of Enlisted Personnel to Grade E-5 and E-6, dated 28 February 1972, showing he was recommended for promotion to E-5. It also states promotions will be made in numerical order according to promotion point cutoff scores established by Department of the Army. 4. He was honorably released from active duty on 25 March 1972 and transferred to the U.S. Army Reserve Control Group (Reinforcement). Items 5a/b (Grade, Rate or Rank/Pay Grade) of his DD Form 214 show his rank/pay grade as specialist four (SP4)/E-4. 5. There are no orders in his official military personnel record promoting him to SP5/E-5. REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided policies, responsibilities, and procedures pertaining to the career management of Army enlisted personnel. The regulation stated the promotion point cutoff scores would be announced from the current recommended lists by military occupational specialty on the first calendar day of the month in which promotions were authorized. Promotion orders would be published with effective dates. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty grade at the time of separation would be entered on the DD Form 214. DISCUSSION: Evidence shows the applicant was recommended for promotion to SP5/E-5. However, there is no evidence he met the Department of the Army cutoff score and was subsequently promoted by orders to SP5/E-5 prior to his release from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011687 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011687 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2