ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20170000152


APPLICANT REQUESTS:  promotion to a higher grade than Corporal/E4

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Letter Army Review Board Agency, dated 22 February 2019
* Self-Authored Statement (2)
* Award of the Commendation Ribbon with Metal Pendant
* DD Form 214 (Report of Separation From the Armed Forces of the United States)

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 while serving as a Corporal/E4 in Korea from 26 July 1951 to 
3 December 1952, he was promoted to fill the vacant position for Sergeant First Class/E7, Interrogation Sergeant.  He served in that capacity for approximately one year before he was rotated home.  He explains his commanding officer forwarded three separate requests for his promotion through formal channels, however, all requests were denied due to a “freeze” on all promotions (see attached).

3.  The applicant provides:

	a.  A letter to the Army Review Board Agency (ARBA), dated 3 October 2016, which states while assigned to the 521st Military Intelligence Service Company, he served as the Interrogation Sergeant.  He never received promotion orders, he strongly believes he deserves a promotion for duties performed during his tour in Korea (see attached). 

	b.  A letter to ARBA, dated 22 February 2019, which states he enclosed a revised copy of his DD Form 214 (Report of Separation From the Armed Forces of the United States).

	c.  A citation from the Headquarters X Corps United States Army for the Award of the Commendation Ribbon with Metal Pendant, which states during the period of 
26 July 1951 to 3 December 1952, he served as the Interrogation Sergeant in a military intelligence service company.  

	d.  A DD Form 214 which states:

* Item 3 (Grade, Rate, Date of Appointment):  Cpl (X) 2 Jan 1952
* Item 5 (Related Civilian Occupational and D.O.T Number):  
(Interpreter 0-68.31)
* Item 6 (Effective Date of Separation):  2 February 1953
* Item 7 (Type of Separation):  Discharge
* Item 8 (Reason and Authority for Separation):  Prior Expiration Term of Service, Convenience of Government
* Item 30 (Most Significant Duty Assignment):  521st MI SVC Det, APO 301

4.  A request for the applicant’s service records from the National Archives and Records Administration were not successful and is unavailable for the Board to review.  

5.  By regulation (AR 624-200), commanders of regiments, battle groups, separate or detached battalions, or any similar or separate organization which is authorized a commander in the grade of lieutenant colonel or higher, and when commander by a field grade officer may promote assigned personnel to pay grades E5 and E9.

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 concluded there was insufficient evidence to show that the applicant was ever promoted to Corporal.  For that reason, the Board recommending denying the applicant’s request.


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) 624-200 (Promotions, Demotions, and Reduction - Appointment and Reduction of Enlisted Personnel), in effect at the time, prescribes the policies and procedures governing appointment and reduction of all enlisted personnel.

	a.  A Department of Army (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 D

	b.  Paragraph 1-2(au):  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.  Commanders of regiments, battle groups, separate or detached battalions, or any similar or separate organization which is authorized a commander in the grade of lieutenant colonel or higher, and when commander by a field grade officer may promote assigned personnel to pay grades E5 and E9.

ABCMR Record of Proceedings (cont)	 AR20170000152


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