ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  16 July 2019

	DOCKET NUMBER:  AR20180014496


APPLICANT REQUESTS:  promotion to the rank of Specialist Fourth Class (SP4/E4).

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 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 that he was informed while serving in Vietnam that his 
leadership had submitted a recommendation for his promotion to SP4, and he hoped 
that this was approved prior to his replacement arriving.  He further feels that he had 
performed the duties required for such a promotion and as a result of said performance, 
he should be promoted.
 
3.  The applicant did not provide, and his records are void of documentation of his 
promotion to SP4. 

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

*	25 February 1964 – he was inducted into the Army 
*	7 November 1964 – he was promoted to Private First Class (PFC/E3)
*	12 February 1966 – he was released from active duty and transferred into the 
Army Reserve at the rank of PFC

5.  Army Regulation 624-200 (Promotions, Demotions and Reductions) states that the 
authority to appoint individuals to the pay grades of E3 and E4 has been delegated to 
Company, Troop, Battery and Detachment Commanders. 

6.  Section 2 paragraph 4 (Orders) states that temporary appointment of enlisted 
personnel to all grades above E-3 and permanent appointment to E3 will be announced 
in orders issued by the appointing authority.  The orders will state whether the 
appointment is permanent or temporary, show both grade and pay grade, and cite the 
specific paragraph and subparagraph of the regulation upon which the authority for the 
appointment is based.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service to include promotions, and the grade appearing on his DD Form 214 at the time 
of his separation.  The Board found insufficient evidence to show he had been selected 
for or promoted to SPC prior to discharge.  Based upon a preponderance of evidence, 
the Board determined that the grade reflected on the applicant’s records at the time of 
separation was not in error or unjust. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:RAS	:JNM	:MBB	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 624-200 (Promotions, Demotions and Reductions) states that the 
authority to appoint individuals to the pay grades of E3 and E4 has been delegated to 
Company, Troop, Battery and Detachment Commanders.  Appointment to the grades of 
E5 through E9 is reserved for Regimental, Battle Group, Separate or Detached 
Battalion Commanders or any similar organization which is authorized a commander in 
the grade of Lieutenant Colonel or higher and when commanded by a field grade officer.

3.  Section 2 paragraph 4 (Orders) states that temporary appointment of enlisted 
personnel to all grades above E-3 and permanent appointment to E3 will be announced 
in orders issued by the appointing authority.  The orders will state whether the 
appointment is permanent or temporary, show both grade and pay grade, and cite the 
specific paragraph and subparagraph of the regulation upon which the authority for the 
appointment is based.  Orders will not be published for appointments to permanent 
grades above E3 with the exception of appointments made upon completion of 29 
years of active service.

ABCMR Record of Proceedings (cont)	 AR20180014496

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