IN THE CASE OF:

		BOARD DATE:  7 January 2019

		DOCKET NUMBER:  AR20160011435 
		
APPLICANT REQUESTs:  correction of his pay grade from Specialist                    (SPC/E-4) to Staff Sergeant (SSG/E-6).   

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record).
* USARCEN Form 826 (Discharge Certificate)
* Self-authored statement
  
FACTS:

1.  The applicant did not file within the three year time frame provided in Title 
10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states in effect, that he was not allotted the correct grade upon designation as the Paint Shop Foreman.  Personnel assigned to this position always held the pay grade of SSG/E-6.  He said he should have received the grade of SSG/E-6 at the time he took the job as Paint Shop Foreman.  

3.  The applicant provided USARCEN Form 826 which lists his rank at discharge as SPC/E-4.  He further provides a form done at Lancaster Bible College with occupational, career, clinical and other scores and words underlined stating how this profile is “convincing, directing, and working with others are key features…Both the counseling and social worker scales are especially elevated.”

4.  The applicant’s service record (DA Form 24) shows he enlisted in the Regular Army on 18 February 1958.  The DD Form 20 (Enlistment Qualification Record) shows he enlisted for three years. 

5.  The applicant was promoted to SPC/E-4 (T) on 31 July 1959, and his promotion became permanent on 17 February 1961.  He was assigned to Headquarters Detachment, United States Army Security Assistance Command in the Republic of Korea and served in the Military Occupational Specialty (MOS) 515.10 (Pipeline Specialist).	

6.  The applicant’s DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) shows he was honorably discharged on 17 February 1961 in the rank of SPC/E-4.

7.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, states in order to be promoted to SSG/E-6, the Soldier must be recommended for promotion, must appear before a promotion board, and must meet or exceed the cutoff points.  The applicant’s available record is void of any document that shows he was promoted to SSG/E-6.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found that relief was not warranted.  The Board recognizes that the applicant served in Staff Sergeant duty positions, but duty positions do not dictate promotion.  The Board found no evidence the applicant was ever promoted above the rank of SPC.

BOARD VOTE:

Member 1	Member 2	Member 3

:	      :	      :	Full Grant 
:	      :	      :	Partial Grant 
:	      :	      :	Formal Hearing Grant 
:X	    X	   X	Deny



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.




REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  

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.  Promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders. It further states:

	a.  HQDA will determine the needs of the Army by grade and MOS.  Based on this need, the promotion point cutoff scores for primary and secondary zone promotions to grades E-5 and E-6 are announced authorizing commanders to promote the best qualified soldiers Army wide in each MOS.

	b.  Be recommended or have concurrence in recommendation from the unit commander.  If duty is under other than unit commander to which assigned, the recommendation will be indorsed by attached or administrative unit commander.  Waiver is not granted.

	c. Soldiers recommended for promotion to pay grades E-5 and E-6 must appear for selection board evaluation.

3.  Army Regulation 635-5 (Personnel Separations – Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Items 6a and 6b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders).  



ABCMR Record of Proceedings (cont)	AR20160011435


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS