ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:

                  BOARD DATE:  20 June 2019

                  DOCKET NUMBER:  AR20180001479

APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to reflect his rank as Sergeant (SGT)/ E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the time frame provided in the statute of limitations; 
however, the Army Board for Correction of Military Records has elected to conduct a 
substantive review of this case and has determined it is in the interest of justice to 
excuse the applicant's failure to timely file. 

2.  The applicant states:

*	he would like to be given the rank of SGT and receive the pay for the promotion
*	he was an acting SGT
*	he was told when he was at Letterman's Hospital if there was a letter from his 
commanding officer authorizing the promotion he would be promoted
*	he saw the letter in his file

3.  The applicant's service records contain:

*	an Enlisted Qualification Record, item 33 (Appointments and Reductions) which 
shows the applicant's rank as Specialist 4 (T) (SP4)/ E-4 with a date of rank of 
22 September 1966
*	he had 7 months time in grade and 16 months time in service when he was 
transferred to Letterman General Hospital
*	item 38 (Record of Assignments) he was a Grenadier
*	Special Orders Number 87, dated 17 April 1967 shows the applicant was 
transferred to Letterman General Hospital in the rank of E-4
*	his DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) lists his rank as E-4
*	Order Number 11-1285002 dated 24 November 1971 discharged him from the 
USAR in the rank of SP4

4.  The applicant states he saw a letter from his commanding officer in his records 
authorizing his promotion to SGT.  A review of his service records was void of evidence 
of the letter.  

5.  Army Regulation 600-200, then in effect, prescribed the policies and procedures for 
the promotion and reduction of enlisted Soldiers.  The regulation places limitations on 
time in grade and time in service to be promoted to the next higher rank.  Paragraph                  
7-135(a) specified the completion of 8 months' time in pay grade E-4 and 3 years' time 
in service (primary zone) or 2 years' time in service (secondary zone) were required for 
promotion to pay grade E-5.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board found that the applicant did not provide 
and the record holds no evidence that the FSM was ever promoted to or served in the 
rank/grade of SGT/E-5.  Furthermore, per regulation, to be eligible for promotion to 
SGT/E-5, Soldiers must serve in the rank of SPC/E-4 for 8 months and the applicant did 
not meet that requirement as his record indicates that he served as a SPC/E-4 for 7 
months.  Therefore, the Board found no basis for granting relief.

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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year 
statute of limitations if the ABCMR determines it would be in the interest of justice to do 
so.  

2.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, 
prescribed the policies and procedures for the promotion and reduction of enlisted 
Soldiers.  Paragraph 7-135(a) specified the completion of 8 months time in pay grade 
E-4 and 3 years time in service (primary zone) or 2 years time in service (secondary 
zone) were required for promotion to pay grade E-5.  Recommendation for promotion 
to pay grade E-5 would be prepared on a DA Form 2496 (Disposition Form), signed by 
the recommending official and then submitted through channels to the headquarters of 
the promotion authority.  Waivers for one-half of the time in pay grade were 
permissible.  There was no provisions for an automatic promotion to pay grade E-5.  

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