ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  4 June 2019

	DOCKET NUMBER:  AR20160015415


APPLICANT REQUESTS: The applicant, spouse of a former service member (FSM), 
requests that the FSM be promoted from Sergeant First Class (SFC/E7) to Master 
Sergeant (MSG/E8).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	QMTC Form 459 (Recommendation for Promotion of Enlisted Personnel)
*	Recommendation for Appointment  
*	DA Forms 1775 (Senior Enlisted Personnel Evaluation Reports)
*	Justification for Outstanding Rating
*	Recommendation for Promotion 
*	Commendation letter
*	Promotion Certificate to SFC
*	DA Form 1049 (Personnel Action): request for compassionate assignment 
transfer
*	Certificate of Treatment
*	Special Orders #110 Compassionate Reassignment
*	Retirement memorandum
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge
*	Defense Finance Accounting Service (DFAS) response letter 
*	Congressional inquiry response letter 
*	Death certificate 
*	Birth certificate 
*	Marriage Certificate 
*	Veterans Administration (VA) Rating Appeal Decision letter
*	Self authored letter dated 30 July 2016

FACTS:

1.  The applicant states that the FSM should have been promoted from SFC/E-7 to 
MSG/E-8 in 1960 and retired at the grade of E8 in 1964.  She further states that after 
being recommended for promotion to E-8 his first wife became ill and ultimately passed 
in result. The Soldier was away for 7 days and returned to his permanent duty station 
assuming all duties as assigned by his leadership.  The applicant also request a copy of 
the FSM’s Silver Star declaration. 

2.  The applicant provides: 

*	2 March 2016 DFAS letter states that the FSM retired on 1 June 1964 as an E7; 
FSM maintained this pay grade until his death on 21 June 2003
*	7 March 2016 Congressional response letter provides guidance for submission to 
the ABCMR
*	FSM’s Birth certificate dated 
*	FSM’s Marriage Certificate dated July reviewed
*	Death Certificate dated June; reviewed
*	13 April 2005 VA appeal letter states that the cause of death for the applicant is 
service connected

3.  A self authored letter received from retired Lieutenant Colonel G_P_ is provided in 
support of the promotion to E8 based on the recommendations previously submitted by 
the applicant’s chain of command.  The letter further reads that the applicant was 
recommended for promotion about the same time that he applied for a compassionate 
reassignment due to the failing health of his spouse.  This reassignment took priority 
over his promotion and in result his chain of command failed to follow-up and failed to 
forward their promotion recommendation to his gaining command.  A subsequent 
recommendation for promotion was initiated in 1963, but due to the applicants 
retirement in May of 1964 this action was never completed.  The applicant’s 
evaluations, awards and accolades reflect his ability to perform at and above the 
recommended grade and he should not have been penalized for putting his family 
ahead of his career.  The applicant received a Silver Star and Purple Heart for his act of 
extraordinary heroism during the Korean Conflict.  In review of his acts of heroism and 
witness accounts LTC(R) G_P_ believes that he qualifies and should be awarded the 
Medal of Honor and that any monetary entitlements be forwarded to the FSM’s spouse.

4.  A review of the FSM’s service record shows the following on: 

*	11 May 19 - enlisted in the Army
*	5 Jun 19 promoted to the rank of SFC (E7) 
*	1 Mar 1960 recommended for promotion to MSG (E8)
*	18 March 1960 request for compassionate reassignment
*	1 July 1960 approved date of reassignment
*	2 August 1960 compassionate reassignment report date 
*	4 December 1963 recommended for promotion to MSG (E8)
*	31 May 1964 discharged/retired 

5.  Soldiers record is void of a promotion certificate, order or other promotion board 
source document for promotion/appointment to the rank of MSG (E8).

6.  Army Regulation (AR) 624-200 (Promotions, Demotions and Reductions 
Appointment and Reduction of Enlisted Personnel) (Selection Boards)  Change        
Number 4, para 16d. (Selection Boards) states that boards of officers and 
noncommissioned officers will be appointed to select personnel for appointment to 
grades E8 and E9.  An individual will not be appointed to either of these grades unless 
recommended for appointment by a board.  Only enlisted personnel senior to the 
candidates appearing before a board may serve as members of that board.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed the two recommendation for promotion 
and noted that the dates of these recommendations preceded the Army centralized 
promotion system.  Based on the evidence provided, the Board determined that the 
FSM should have been promoted to MSG as recommended by his command in 1960 
and retired at that grade in 1964.  The Board also recommends that the applicant be 
provided the appropriate address from which to request the FSM’s Silver Star Citation.

2.  After reviewing the application and all supporting documents, the Board found the 
relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION










BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by reissuing the applicant a 
DD Form 214 for the period of service ending 31 May 1964 to show his grade as MSG 
(E8) with a date of rank of 30 May 1960.



	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
REFERENCES:

1.  Title 10, USC, 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 (AR) 624-200 (Promotions, Demotions and Reductions 
Appointment and Reduction of Enlisted Personnel) Change Number 4, para 16 Eligibility 
and Selection Criteria 

     a.  Selection Boards.  Boards of officers and noncommissioned officers will be 
appointed to select personnel for appointment to grades E8 and E9.  An individual will 
not be appointed to either of these grades unless recommended for appointment by a 
board.  Only enlisted personnel senior to the candidates appearing before a board may 
serve as members of that board.

     b.  Appointment to position vacancy.  A position vacancy in pay grade E-7, E-8, or              
E-9, may not be filled by appointment unless a replacement in grade has been 
requisitioned pursuant to AR 614-202 and notification has been received that a 
replacement in the appropriate grade cannot be furnished.  

     c.  Two-year service obligation upon appointment. (Added) Individuals who have 18 
or more years of active Federal service as of date of appointment to pay grades E-7,               
E-8, or E-9, will be required to serve a minimum of 2 years active duty in the higher 
grade prior to retirement.


ABCMR Record of Proceedings (cont)	 AR20160015415
	
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