ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20160019402


APPLICANT REQUESTS:  promotion to sergeant (SGT/E5).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* Regular Recommended List for Promotion to Pay Grade E-5
* Letter Orders Number 06-1113342, Discharge from the United States Army Reserve (USAR)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 that the promotion list he provided shows that he should have been promoted to SGT/E-5 effective 23 November 1971 while in Vietnam.  He was not promoted, however X__, was on the list and was promoted.  He would like his record to reflect his final pay grade of SGT/E-5, and requests a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).  According to the enclosed DA Form 20, page 3 (Record of Assignments), on 11 April 1971, he was assigned to the senior rifleman position (11B20) which is a SGT/E-5 position. 

3.  The applicant provides:

* DD Form 47 shows that he was inducted into the Army of the United States on 29 July 1970
* DA Form 20, page 2 (Appointments and Reductions), shows the highest grade as specialist four (SP4/E4)
* Regular Recommended List for Promotion to Pay Grade E5, shows him with military occupational specialty (MOS) 11B, 611.8 points and date selected 23 November 1971
* Letter Orders Number 06-1113342, issued by Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, on 23 June 1976 shows he was honorably discharged from the USAR on 28 July 1976

4.  A review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 29 July 1970.  

	b.  He served in Vietnam from 10 January 1971 to 14 December 1971.  

	c.  He was promoted to SP4 on 30 May 1971.

	d.  He was honorably released from active duty on 31 January 1972.  He was transferred to the USAR Control Group (Annual Training) as a SP4.  He completed 1 year, 6 months, and 2 days of active service.  His DD Form 214 shows in: 

* Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) SP4 and E-4
* Item 6 (Date of Rank) 30 May 1971
* Item 23a (Specialty Number & Title) 11B20 LIGHT WEAPONS INFANTRYMAN 17 December 1970 NONE

5.  By regulation, 

	c.  Army Regulation 600-200 (Enlisted Management Personnel Management System), field grade commanders of any organization which is authorized a commander in the grade of lieutenant colonel or higher may promote assigned personnel to pay grades E5 and E6.

	d.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The information entered thereon reflects the conditions as they existed at the time of separation.

* For items 5a (Grade, Rate or Rank) and 5b (Pay Grade), enter the active duty grade or rank and pay grade at time of separation from the DA Form 20
* For item 6 (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found no evidence to show that he applicant was ever promoted above the grade of Specialist/E4.  Although the applicant provided a recommended promotion list to E5, there was no record of any promotion to E5.

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) 600-200 (Enlisted Management Personnel Management System), in effect at the time, states:

	a.  A DA recommended list is a list of individuals who have been recommended for promotion by a DA promotion selection board and approved for promotion by Headquarters DA.

	b.  Promotion point cutoff score - Minimum number of promotion points required by a three digit MOS for promotion to grades E5 and E6 during a specified period.

	c.  Promotion of enlisted personnel to grade E3 through E9, appointments, grade reductions, and grade restorations will be announced in routine orders.

	d.  Orders may be issued for promotion to grades E5 and E6 in advance of the effective date that the Soldier will equal or exceed the announced DA promotion point cut-off score under the following conditions:

	(1)  The Soldier is within 30 days of his/her promotion effective date.  

	(2) Future effective date of promotion will be a date no earlier than the effective date announced in the applicable DA promotion point cut-off score letter.

	e.  Service obligation - A precondition for promotion:

	f.  A precondition service obligation is established as 3 months for promotion to pay grade E5 and 12 months for promotion to E6.  Waivers will not be granted.  Service obligation will be computed from the effective date of extension or reenlistment.  The precondition service obligation requirement applies to patients, trainees, enlisted aides, bandsmen, special school or course graduates as well as permanent party personnel.

	g.  Upon receipt of monthly promotion point score announcements from DA, promotion authorities will identify those members of their respective commands who are eligible for promotion and who are in a promotable status, including in transit members.



	(1)  Individuals who will have, as of the first day of the promotion month, not less than 3 or 12 months' remaining obligated active service to current (or adjusted) expired term of service (ETS), may be promoted in accordance with the promotion cutoff score announcement directive.

	(2)  Each individual who is eligible for promotion; is in a promotable status, is still a member of the promotion authority's command; and who will have less than 3 or 12 months' remaining obligated active service to current (or adjusted) ETS as of the first day of the promotion month will be notified in writing that the promotion authority intends to promote him/her to grade E5/E6 subject to extension of enlistment to meet the service requirements of 3 months for pay grade E-5 and 12 months for pay grade E-6. 

3.  AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.

* For items 5a (Grade, Rate or Rank) and 5b (Pay Grade), enter the active duty grade or rank and pay grade at time of separation from the DA Form 20 (now the Enlisted Record Brief)
* For item 6 (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade
* For item 23a (Specialty Number & Title), enter primary MOS code number and title.  If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and code number from the dictionary of occupational titles.  If not applicable, enter “NA”

ABCMR Record of Proceedings (cont)	 AR20160019402


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