ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 21 October 2019 
DOCKET NUMBER: AR20180003986

APPLICANT REQUESTS: promotion to sergeant/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	Congressional Inquiry Request/Privacy Release Form
*	DD Form 214 (Report of Separation from Active Duty)
   *	Record of Promotion Board Proceedings 
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, he is presently a specialist/E-4 and he waited almost
3 months for his stripes. They were withheld from him unless he reenlisted. He states 
he should have been promoted in June of 1977 after he passed the Board. He was 
released from active duty in September of 1977, three months later.

3.	The applicant provides:

   a.	Congressional Inquiry Request/Privacy Release Form dated 21 February 2018, 
which reflects that the applicant solicited the support of his elected congressional 
official.

   b.	DD Form 214, dated 14 September 1977, which displays that the applicant was 
honorably released from active duty (REFRAD), under the provisions of Army 
Regulation (AR) 635-200, paragraph 5-14 (Overseas Returnees).  He had 2 years,
11 months and 21 days of active service.



   c.	Record of Promotion Board Proceedings, dated, 22 June 1977, which states the 
applicant attended a promotion Board and was recommended to be placed on the 
standing list to grade E-5.

4.	A review of the applicants service records indicate:

   a.	He enlisted in the Regular Army (RA) on 24 September 1974. He served in 
Germany from 24 June 1976 to 13 September 1977.

   b.	His DA Form 2-1 (Enlisted Qualification Record), reflects in item 18 
(Appointments and Reductions):

*	Private (PV1) - 24 September 1974
*	Private 2 (PV2) – 24 January 1975
*	Private First Class (PFC) – 25 September 1975
*	Specialist 4 (SP4) – 11 March 1976

c.	On 14 September 1977, he was honorably REFRAD, under the provisions of
AR 635-200, paragraph 5-14 (Overseas Returnees). He had 2 years, 11 months and 
21 days of active service.

5.	There are no official promotion orders in the applicant’s file promoting him to 
sergeant/E-5.

6.	By regulation AR 600-200, promotion of enlisted personnel to grade E-3 through E-9, 
appointments, grade reductions, and grade restorations will be announced in routine 
orders.

7.	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 E-5 and E-6.

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 evidence 
shows he was recommended for promotion.  However, there is insufficient evidence 
that shows he was selected for promotion, met all requirements for promotion, and 
subsequently received promotion orders; as a result, the Board agreed there is 
insufficient evidence to grant 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.


1/14/2020

X 

CHAIRPERSON
Signed  by:  X
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 (AR) 600-200 (Enlisted Personnel Management System), 
prescribes policies, responsibilities, and procedures pertaining to career management of 
Army enlisted personnel. To provide a basis for further consolidation of all Army 
regulations on enlisted personnel management.

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