ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 26 April 2019 DOCKET NUMBER: AR20180013953 APPLICANT REQUESTS: promotion to Sergeant First Class (SFC)/E-7. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * DD Form 214 (Certificate of Release or Discharge from Active Duty) for period ending on 29 May 1996 * DA Form 1059 (Service School Academic Evaluation Report) dated 8 February 2004 * DA Form 2166-8 (NCO Evaluation Report) for the period covering November 2003 to October 2004 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) dated 1 March 2005 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 in pertinent part that: * he was honorably discharged from the New Mexico Army National Guard (NMARNG) in May 2005 * he successfully completed the Advanced Noncommissioned Officer’s Course (ANCOC) with a satisfactory rating * he strongly feels that he deserves the rank of SFC/E-7 and wants that rank to appear on his retired military identification (I.D.) card * he is not interested in the pay of E-7 3. The applicant provides: * DA Form 1059 dated 8 February 2004 which shows he completed ANCOC Phase 1 * NGB Form 22 dated 1 March 2005 which shows: * he completed 15 years of net service this period in the NMARNG, 12 years, 4 months, and 21 days prior reserve component service, and 1 year 8 months and 8 days of prior active federal service * item 23 (Authority and Reason) “Discharge and Transfer to the Retired Reserve (under age 60)” * item 24 (Character of Service) Honorable 4. A review of the applicant’s service records show the following on: * 3 September 1969 entered the U.S. Marine Corps (USMC) * 10 May 1971 – honorably released from active duty and transferred to the USMC Reserve * 9 January 1990 – honorably discharged from Air Force Reserve * 2 March 1990 – enlisted in the NMARNG * 12 April 2005 – released from NMARNG and transferred to the Retired Reserve 5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. It states, for promotion to SFC, a Soldier must be recommended for promotion by a centralized promotion board and the recommendation must be approved by the promotion authority. The applicant’s records are void of, and the applicant did not provide, proof that he went through the board process and was recommended for promotion nor any orders promoting him to SFC. 6. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. The applicant requests he is retired at the rank of SFC. His record is absent evidence he was selected by a promotion selection board for promotion to SFC, and absent evidence he was promoted to SFC at any time. The Board considers records for referral to special selection boards for promotion consideration when the Board concludes there was an error or injustice. Furthermore, at times, the Board recommends members are placed on the retired list at the highest rank they held. In this case, neither situation is represented. The Board does not promote applicants based off of their performance; that is the mission of promotion selection boards. The Board agreed the request does not have merit, and agreed there was no error or injustice in this case. 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) 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. Chapter 4, Centralized Promotions (SFC, MSG, and SGM) governs the promotion system for active Army and Reserve Soldiers. It states, the Soldier will be recommended for promotion and the promotion authority will approve or disapprove the recommendation. U.S. Army Human Resource Command will publish orders announcing promotions to SC, MSG, and SGM. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180013953 4