BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160001904 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: 23 May 2017 DOCKET NUMBER: AR20160001904 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: 23 May 2017 DOCKET NUMBER: AR20160001904 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4. 2. The applicant states he was promoted to SGT on 23 September 1988. He was discharged on 13 October 1988. The command that released him from active duty had not received his promotion orders. Therefore, his rank is incorrectly listed on the DD Form 214. 3. The applicant provides DD Form 214 and a Promotion Certificate 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 for a 2-year term, in the rank/grade of private first class (PFC)/E-3 on 17 October 1986. He held military occupational specialty (MOS) 13B (Cannon Crewmember). He served in Germany from on or about 8 February 1987 to 12 October 1988. 3. He was assigned to A Battery, 1st Battalion, 36th Field Artillery. His DA Form 2-1 (Personnel Qualification Record) shows in item 18 (Appointments and Reductions) the entries "PFC/861017 and SP4/871017." 4. There is no indication in the applicant's records that: * he was recommended for promotion to SGT or appeared before a promotion board to be considered for promotion to SGT * if he appeared before a promotion board, his name was incorporated onto his battalion promotion list * he met the cut off scores for promotion to SGT in the recommended MOS * orders were published to promote him to SGT 5. On 1 June 1988, the Augsburg Personnel Center of the 569th Personnel Service Company published Orders 150-10 ordering him reassigned to the U.S. Army Transition Center, Fort Dix, NJ, for separation processing, effective 16 October 1988 (amended to 11 October 1988). The orders listed his grade as SP4. 6. On 13 October 1988, Headquarters, U.S. Army Transition Center, Fort Dix, NJ published Orders 287-202 ordering his release from active duty effective 13 October 1988. The orders listed his grade as SP4. 7. He was honorably released from active duty on 13 October 1988. His DD Form 214 shows he completed 1 year, 11 months, and 27 days of active service. It also shows in: * items 4a (Grade, Rate or Rank) and 4b (Pay Grade) – SP4 and E-4 * item 12h (Effective Date of Pay Grade) – 87-10-17 8. He provides a Certificate of Promotion, signed by a lieutenant colonel, promoting him to SGT in the U.S. Army on the 23rd of September 1988. REFERNECES: 1. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. The regulation in effect at the time stated that: * promotion to SGT and staff sergeant required a recommendation by the chain of command as well as appearance before a semi-centralized promotion board * certain requirements, such as time in service (TIS) and time in grade (TIG) were/are required for appearance before the SGT promotion board and for promotion to SGT * for appearance before the SGT promotion board, the member required 33 months TIS in the primary zone and could be promoted not earlier than 36 months, and 21 months TIS in secondary zone and could be promoted not earlier than 24 months * promotions would be made when a recommended Soldier's promotion points exceeded the cut-off score for the Soldier's MOS DISCUSSION: The evidence of record shows the applicant was promoted to SP4/E-4 on 17 October 1987. He held this rank/grade until he was honorably released from active duty on 13 October 1988. It is unclear why he has a promotion certificate since nothing in his official records corroborates such promotion. * there is no evidence the applicant met the minimum time in service and/or time in grade requirements to be recommended to appear before a promotion board * there is no evidence the applicant was recommended for promotion to SGT or appeared before a promotion board * if he had been recommended and appeared before a promotion board, there is no evidence the applicant's name was incorporated onto his battalion promotion list * there is no evidence he met the cut off scores for promotion to SGT in the recommended MOS * there is no evidence anywhere in his official records that he was promoted to SGT * promotions/advancements of enlisted personnel were announced via a promotion instrument, i.e., an order //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001904 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001904 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2