BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017207 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 BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017207 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. BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017207 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 correction of his records to show he was promoted to platoon sergeant, in effect, the rank of staff sergeant (SSG)/paygrade E-6. 2. The applicant states his unit was short of personnel and he should have received a field promotion. He filled a SSG/E-6 duty position while serving in the rank of specialist four (SP4)/E-4. 3. The applicant provides copies of: * Headquarters, U.S. Army Quartermaster Center, Fort Lee, Orders Number 105-22, dated 26 May 1977 * reassignment orders 146-28, dated 22 July 1977 * Enlisted Evaluation Report that he signed on 22 March 1978 (2nd page only) 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. Having had prior service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 4 January 1977 in the rank of private first class (PFC)/E-3. 3. Headquarters, U.S. Army Quartermaster Center, Fort Lee, Orders Number 105-22, show he was promoted to the rank of SP4/E-4, effective 4 May 1977. There is no evidence that he was promoted to a rank higher than SP4. 4. On 14 July 1977, he completed advanced individual training and he was awarded military occupational specialty (MOS) 76P (Stock Control Supplyman). 5. Headquarters, U.S. Army Quartermaster School Center, Fort Lee, Orders Number 146-28, show he was assigned to Headquarters and Headquarters Company, 4th Battalion, effective 18 July 1977, in duty MOS 76P3H, and in the duty title of platoon sergeant as an instructor. 6. The applicant received three DA Forms 2166-5 (Enlisted Evaluation Report) for the periods ending October 1977, March 1978, and June 1978. His enlisted evaluation reports show that during these three periods of service he was a SP4, serving in a duty position title of pay grade E-6 as an instructor. 7. On 19 June 1978, the applicant was issued a general discharge under the provisions of Army Regulation 635-200, Expeditious Discharge Program. 8. On 25 November 1987, the Army Discharge Review Board (ADRB) granted the applicant’s request to upgrade his discharge from general to fully honorable. 9. The applicant was issued a new DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he was honorably discharged from active duty on 19 June 1978. It also shows in: * item 4a (Grade, Rate or Rank): "SP4" * item 4b (Pay Grade): "E4" * item 12h (Record of Service - Effective Date of Pay Grade): "1977 05 04" * item 18 (Remarks): Discharge upgraded on 25 November 1987 * item 28 (Narrative Reason for Separation) “Determination of Service Secretary” 10. In support of his application, the applicant provides page 2 of an Enlisted Evaluation Report, dated 22 March 1978, showing he performed all assigned duties in an exceptionally fine manner. The endorser noted, “He has been occupying an E-6 duty position throughout the rating period….” REFERENCES: Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, prescribed policies and procedures governing enlisted Soldiers. a. Promotion eligibility criteria for E-6 were: * 10 months time in grade (TIG) as an E-5 (5 months with waiver) * 84 months time in service (TIS) for primary zone and 60 months TIG for the secondary zone * a maximum of two waivers were permitted * must be in a promotable status (No waiver authorized) * must be recommended for promotion by unit commander * must appear before a promotion selection board for evaluation * must be fully qualified in the MOS in which recommended for promotion consideration * attain a qualifying Skill Qualification Test (SQT) score (No waiver required) * must be physically qualified to perform duties of MOS and grade to which recommended * must have high school diploma or general education development equivalent * must have the appropriate security clearance or a favorable security investigation as required by the promotion MOS b. A recommendation for promotion to E-6 required the preparation of a DA Form 2644-1-R (Point Spread - Enlisted Personnel Eligible for Promotion – Personnel in pay grade E-5 with Recommended List Status to pay grade E-6). The promotion authority was required to approve or disapprove the recommendation. The servicing military personnel office approved recommendations and performed promotion point re-computations when requested or otherwise determined to be necessary. c. A Department of the Army centralized promotion point cutoff score report announced the number of points in each MOS required for promotion eligibility each month. DISCUSSION: 1. The evidence of record shows the applicant enlisted in the RA in pay grade E-3 and he was promoted to SP4/E-4 with a date of rank of 4 May 1977. 2. Although the applicant held an E-6 instructor duty title, the available records do not show he was recommended for promotion to pay grade E-5 or E-6. Furthermore, there is no evidence the applicant attained promotion standing list status. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017207 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017207 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2