ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20160015925 APPLICANT REQUESTS: in effect, correction off his records to show he retired in the rank/grade of master sergeant (MSG)/E-8 vice sergeant first class (SFC)/E-7. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congratulatory letter from a sergeant major (SGM) * Congratulatory letter from a command sergeant major (CSM) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 he was promoted to MSG/E-8. On 20 November 1991, the U.S. Army Support Command and Fort Lee requested that the promotion order of be revoked solely based on the fact that he had an approved retirement. Until his active retirement as a SFC, he served in the grade of MSG. 3. The applicant provides: a. Letter, dated 11 October 1990, from the Fort Lee Garrison SGM congratulating the applicant on his selection for promotion to MSG. b. Letter, dated 12 October 1990, from the Fort Lee Quartermaster Center and School CSM congratulating the applicant on his selection for promotion to MSG. 4. Review of the applicant's records shows: a. 16 February 1978 - he reenlisted in the Regular Army. He held military occupational specialty 76V (Materiel Storage and Handling Specialist). b. 13 July 1985 - he was promoted to SFC. c. Around May 1990 - his records appeared before the MSG promotion board. He was selected for promotion to MSG and his name was placed on the promotion list. d. 2 July 1991 - the U.S. Army Combined Arms Support Command, Fort Lee, published Orders 183-228 releasing him from active duty and placing him on the retired list in the grade of SFC effective 30 June 1992. e. 31 October 1991 - the U.S. Total Army Personnel Command (PERSCOM), Alexandria, VA published Orders 168-7 promoting him to MSG effective 1 December 1991. The orders stated "promotion is not valid and will be revoked if the Soldier concerned is not in a promotable status on the effective date of promotion." f. 20 November 1991 - the U.S. Army Combined Arms Support Command, Fort Lee, dispatched a memorandum to PERSCOM requesting the applicant's promotion be revoked because he already had an approved retirement and he was no longer eligible for reenlistment. g. 30 June 1992 - he retired from active duty in the grade of SFC. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his grade and rank as SFC/E-7. 5. By regulation (AR 600-8-19), a Soldier is in a non-promotable status when the Soldier is ineligible for reenlistment and/or when voluntary retirement has been approved. In such cases, the personnel center would provide HQDA with the Soldier’s name and a brief summary of circumstances that caused the soldier to become non-promotable. In such cases, the promotion order is revoked. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. Without some evidence such as promotion orders showing the applicant was actually promoted and not just selected for promotion, the Board concluded that relief was not appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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, 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) 600-8-19 (Enlisted Promotions and Reductions), in effect at the time (1 November 1991), prescribes the enlisted promotions and reductions unction of the military personnel system. a. Paragraph 1-10 (Non-promotable status), since Headquarters, Department of the Army (HQDA) administers promotions to grades SFC–SGM, commanders are responsible for notifying HQDA when Soldiers whose names appear on a recommended list are non-promotable. Personnel Service Centers will provide HQDA with the Soldier’s name and a brief summary of circumstances that caused the soldier to become non-promotable. Soldiers (Private through master sergeant) are non-promotable to a higher grade when one of the following conditions exist: * When the Soldier is ineligible for reenlistment * When voluntary retirement has been approved b. Paragraph 4-8 (Service Obligations), Soldiers promoted to grades SFC, MSG, and SGM will incur a 2–year service obligation. Service obligation will be from the effective date of the promotion before voluntary non-disability retirement, unless Soldiers are in one of the following categories: * Eligible for retirement by completing 30 or more years of active Federal service * is already eligible through prior service for a higher grade at time of retirement * is age 55 or older * has reached the expiration term of service ABCMR Record of Proceedings (cont) AR20160015925 2 1