ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  10 June 2019

	DOCKET NUMBER:  AR20180005026


APPLICANT REQUESTS: his NGB Form 22 (Department of the Army and Air Force 
National Guard Bureau, Report of Separation and Record of Service in the Army 
National Guard of North Carolina as a Reserve of the Army) be corrected in item 3 
(Grade) to show Staff Sergeant (SSG/E-6) instead Sergeant (SGT/E-5).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record).
*	Request Pertaining to Military Records 
*	Letter to National Personnel Records Center Military Personnel Records
*	Email from applicant Subject: Report of Separation & Certificate of Military 
Services  

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 at the time of his discharge, he was serving as a Squad Leader, 
SSG/E-6, but his DD Form 214 shows SGT/E-5.  He hopes this information can be 
verified through Company Command Records, at the time located in Wilson, NC.

3.  The applicant provides a request pertaining to military records, a letter to National 
Personnel Records Center Military Personnel Records and an email subject Report of 
Separation and Certificate of Military Service showing he discovered the error of E-5 
and requested records reflecting he served as an E-6 as a Squad Leader, and has not 
heard back on the change. 

4.  A review of the applicant’s records show:

*	17 December 1970 – enlisted in the North Carolina Army National Guard 
(NCARNG)
*	18 February 1976 – was promoted to SGT/E-5
*	16 December 1976 –  was honorably discharged from the NCARNG 
*	his NGB Form 22 shows he was discharged as a SGT/ E-5

5.  The applicant’s record is void of and the applicant did not provide promotion orders 
or documentation of the applicant meeting a promotion board.

6.   Army Regulation 140-158 (Army Reserve - Enlisted Personnel Classification, 
Promotion, and Reduction) states:

a.	 Promotion of members above the pay grade E-2 will be announced in orders.  
Orders will include both grade and MOS in which promoted, and will cite the appropriate 
paragraph of this regulation under which action is accomplished. 

b.	 Unit Vacancy Promotion to Pay Grades E-5 through E-9.  3-16. General.  In 
order to standardize promotion qualification throughout the US Army Reserve and to 
insure promotion of the best qualified individual, enlisted promotion selection board 
action will be required for all individuals promoted to pay grades E-5 through E-9.

7.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
Paragraph 2-9 states the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of providing an 
error or injustice by a preponderance of evidence.

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 he was ever promoted or served in the 
rank/grade of SSG/E-6.  The highest grade/rank evident in the applicant’s service 
record is SGT/E-5.  Therefore, the Board found no basis 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.


	  
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 140-158 (Army Reserve - Enlisted Personnel Classification, 
Promotion, and Reduction) states:

a.	 Promotion of members above the pay grade E-2 will be announced in orders.  
Orders will include both grade and MOS in which promoted, and will cite the appropriate 
paragraph of this regulation under which action is accomplished. 

b.	 Unit Vacancy Promotion to Pay Grades E-5 through E-9.  3-16. General.  In 
order to standardize promotion qualification throughout the US Army Reserve and to 
insure promotion of the best qualified individual, enlisted promotion selection board 
action will be required for all individuals promoted to pay grades E-5 through E-9.


3.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
Paragraph 2-9 states the ABCMR begins its consideration of each case with the 
presumption of administrative regularity.  The applicant has the burden of providing an 
error or injustice by a preponderance of evidence.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180005026
	
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