ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  15 August 2019

	DOCKET NUMBER:  AR20180012478


APPLICANT REQUESTS:  promotion to the rank/pay grade of staff sergeant (SSG)/E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 people that finish the course should be promoted to the next higher grade.  He completed the classroom of all of the course.  He should have graduated and been promoted to SSG.

3.  The applicant provides a copy of his DD Form 214 for the period from 8 July to 10 November 1966.

4.  A review of the applicant’s service records shows the following:

	a.  He enlisted in the U.S. Army Reserve (USAR) on 16 November 1965.

	b.  He was ordered to active duty for training (ACDUTRA) and entered on 8 July 1966.  He was honorably released from ACDUTRA on 10 November 1966 and was transferred to the USAR.  His DD Form 214 shows he completed 4 months and 3 days of active duty.  This form also shows in:

* Item 3a (Grade, Rate, or Rank) – PVT (Private) E-2
* Item 3b (Date of Rank) – 16 March 1966

	c.  He reenlisted in the USAR on 9 December 1972.  

	d.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was promoted to Specialist Five (SP5), USAR, on 29 November 1972.

	e.  Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, issued the following Letter Orders on/for:

* Orders Number 11-1778, November 1974, honorably discharging him from the USAR effective 15 November 1974, for the purpose of his immediate reenlistment; the orders show his rank as SP5
* Orders Number 237-158, 7 December 1979, honorably discharging him from the USAR effective 14 November 1979, for the purpose of his immediate reenlistment; the orders show his rank as SP5

	f.  Item 18 of his DA Form 2-1 shows he was laterally appointed to Sergeant (SGT) on 1 October 1985.

	g.  On 30 March 1986, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20 Year Letter), wherein he was notified of having completed the required years of service for retired pay.  The letter shows his rank as SGT.

	h.  On 18 November 1987, he submitted a request to be discharged at his expiration of term of service on 16 November 1987.  He listed his rank as SGT.

	i.  Orders Number 199-2, issued by Headquarters, Fourth U.S. Army, Fort Sheridan, IL on 9 December 1987, announced his honorable discharge from the USAR the same date.  The orders show his rank as SGT.

5.  By regulations:

	a.  AR 600-8-19 (Enlisted Promotions and Reductions), all Soldiers must go through the promotion board process before they may be selected and promoted.

	b.  AR 600-200 (Enlisted Personnel Management System), promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.

	c.  AR 635-5 (Separation Documents), the following items of the DD Form 214 would show in:

* Item 3a – the active duty rank/pay grade at time of separation
* Item 3b – the effective date of the rank/pay grade

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded there was a lack of evidence to show that the applicant was ever selected and then promoted beyond the rank of Sergeant/E5.  For that reason, the Board recommended denying the applicant’s requested 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, 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 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, states that to be eligible for consideration, selection, and promotion to SGT through Sergeant Major, Soldiers must:

	a.  Be considered and placed in the selection objective of the current promotion list. All Soldiers must go through the board process before they may be selected and promoted.

	b.  Be participating satisfactorily in the next lower grade.

3.  AR 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  The regulation stated that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.  

4.  AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  It also stated:

* Item 3a –would list the active duty rank/pay grade at time of separation
* Item 3b – would list the effective date of the rank/pay grade in item 3a


ABCMR Record of Proceedings (cont)	 AR20180012478


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