ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 15 October 2019 DOCKET NUMBER: AR20170001984 APPLICANT REQUESTS: In effect, any promotion or advancement in grade he was entitled too. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Written documentary, 5 October 2012 * Written timeline, 14 December 2016 * Written timeline of service * Certificate of training, 22 August 1957 * Letter of appreciation, 9 February 1959 * Letter from NPRC (National Personnel Records Center), 17 May 2007 * Photos of unit patches 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 (ABCMR) 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 because of 1973 fire all records are gone. X__ X__ at X__, KY is working on his records, she told the applicant that he may have missed one or two promotions. MAJ X__ X. X__ said he was going to put him in for a promotion before he went home. a. In a documentary written on 5 October 2012, he discussed how he was exposed to radiation while enlisted in the US Army has caused him many health problems. b. A written timeline dated 14 December 2016, shows the locations he served from 1957 until 1959. He stated when he got to Schofield Barracks, HI and changed to heavy truck driver, he should have received corporal rank in 1958. He also stated he should have received specialist four/SPC (E-4) in 1959. 3. The applicant provides: * Written documentary, 5 October 2012 addressed above * Written timeline, 14 December 2016 addressed above * Written timeline of service addressing the same above * Certificate of training, 22 August 1957 showing he completed automotive maintenance helper’s course * Letter of appreciation, 9 February 1959 for outstanding manner in which he fulfilled his duties as assistant to the noncommissioned officer in charge in the passenger section * Letter from NPRC (National Personnel Records Center), 17 May 2007 discussing the fire that may have destroyed his records * Photos of unit patches showing patches he wore on his uniform in 1958 4. A review of the applicant’s service records show the following: a. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered a period of active service on 11 March 1957 and was honorably released to the US Army Reserve (USAR) on 21 February 1959 in the rank of private first class (PFC) (E-3). b. Orders Number 17, dated 27 November 1957 shows he was appointed to temporary grade of private first class. c. Special Orders Number 25, dated 5 February 1959 shows the applicant was released from assignment or attachment in the grade of PFC (E-3) with an expiration term of service of 10 March 1959. d. DA Form 1270 (Transfer or Release to Reserve Component of the Army), dated 21 February 1959 shows he was transferred from active duty to the USAR in the grade of PFC. e. His DD Form 214 shows he was honorably released to the USAR in the grade of PFC (E-3) (T) temporary on 21 February 1959. 5. Army Regulation 624-200 (Promotions, Demotions, and Reductions-Appointment and Reduction of Enlisted Personnel) in effect at the time, prescribes the policies and procedures governing appointment and reduction of all enlisted personnel on active duty, other than active duty for training. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. The Board thanks the applicant for his service to the Nation; however, his record is void of evidence that shows an advancement in rank other than what is listed on his separation document. 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 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 624-200 (Promotions, Demotions, and Reductions-Appointment and Reduction of Enlisted Personnel) in effect at the time, prescribes the policies and procedures governing appointment and reduction of all enlisted personnel on active duty, other than active duty for training. a. Paragraph 7 (Waivers) states for temporary appointments above private first class, E-3, commanders who receive appointment quotas direct from Headquarters, Department of the Army, and commander of units normally commanded by a general officer are authorized to waive not more than one-half of the prescribed time in pay grade. b. Paragraph 8 (Computation of time in pay grade, and time in service) states in determining an individual’s eligibility for appointment under these regulation: (1) Time in pay grade will be computed from the active duty date of rank established at time of current entry into the pay grade in which serving. (2) Time in service will be computed by giving credit for all active duty in any of the Armed Forces, less time lost under title 10, US Code, section 972. c. Paragraph 16 (Eligibility and selection criteria) states in order to be eligible for temporary appointment under this section, an individual must: (1) Complete the following time in pay grade (except for waivers permissible under paragraph 7. For appointment to pay grade E-4 6 months in E-3; E-5 8 months in E-4. (2) Be in appointable status as defined in paragraph 6. (3) Be recommended by the unit commander. (4) Hold and be serving in a military occupational specialty (MOS) in which appointments are authorized. (5) Be qualified for the skill level digit required for the grade to which appointment is to be made (AR 611-201). (6) Be serving in the pay grade next below that in which appointment is to be made. (7) Occupy a position vacancy of a higher rank or pay grade. (8) Be physically qualified to perform the duties of the MOS and grade to which appointment is to be made (AR 611-201). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170001984 3 1