ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 

	BOARD DATE:  17 June 2019

	DOCKET NUMBER:  AR20170014837


APPLICANT REQUESTS:  promotion to Sergeant (SGT/E5)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), see attached email
*	DD Form 214 (Certificate of Release or Discharge From Active Duty)
*	DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge 
From Active Duty)
*	Self-authored Statement, dated 2 June 2017

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 during his last five months in Vietnam, he was wounded twice, 
but continued to serve as the platoon leader in absence of a lieutenant and sergeant 
first class.  He believes that the America Division did not correctly maintain his records 
and serving in the leader capacity deemed him eligible for promotion to Sergeant/E5.  
He addressed this issue with his senator who also assisted him with receiving the 
Purple Heart with oak leaf cluster.  

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

	a.  He was inducted into the Army of the United States on 8 May 1969.

	b.  He served in Vietnam from 4 October 1969 to 3 October 1970.

	c.  He was promoted to Specialist Four (SP4) on 8 January 1970.

	d.  He was honorably released from active duty on 7 May 1971.  He was transferred 
to the United States Army Reserve Control Group (Annual Training) as a SP4.  He 
completed 2 years 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) 8 January 1970
*	Item 23a (Specialty Number & Title) 11B20 LIGHT WEAPONS 
INFANTRYMAN

4.  By regulation (AR 600-200), 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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  His record 
is void of any evidence he was promoted to the rank of SGT at any time.  Based upon 
the preponderance of evidence, the Board determined there is insufficient evidence to 
grant relief.  In addition, the applicant is informed the Board does not promote members 
based upon the applicant’s assertion they should have been promoted based on their 
performance.  The Board considers instances of error, equity, and injustice, and if 
found, will recommend records are considered by promotion selection boards.

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.


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

	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 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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170014837

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