ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  20 May 2019

	DOCKET NUMBER:  AR20180015718


APPLICANT REQUESTS:  Promotion to the grade E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 256A (Certificate of Honorable Discharge)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
* Certificate, State of California 

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, he tested for promotion to E-6 and passed, but it was placed on hold by one of the officers.  He was told by the officer that “they” were looking into the possibility of commissioning him as a warrant officer since he was a certified police officer in Ventura, CA for over two years.  He assumed the hold was genuine and valid, so he agreed to honor the hold, but when the promotion did not occur, he felt it was a ploy to get him to extend his enlistment for more years.

3.  The applicant provides: 

* Certificate of Honorable Discharge, which shows he was honorably discharged from the Army of the United States as a Specialist-Five (SP5) on 30 April 1966
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 3 December 1960, which shows he was honorably released from active duty after completing 6 months of initial training and returned to the US Army Reserves (USAR)
* his DA Form 24 (Service Record) which shows in Section I (Appointments, Promotions, or Reductions) that the highest rank/grade held was SP5/E-5 Permanent (P)
* DA Form 20 (Enlisted Qualification Record)  which shows the following in: 

* item 33 (Appointments and Reductions) last grade listed is “SP5 E-5(P)” with a date of rank of 27 July 1964
* item 38 (Record of Assignments) he received an honorable discharge from the USAR on 30 April 1966

* Certificate from the State of California Department of Justice dated 19 April 1967, which awards him the Supervisory Certificate from the Commission on Peace Officer Standards and Training

4.  The applicant did not provide, nor does his military service records contain, official orders promoting him to E-6.  

5.  Letter Order Number D-4-47 honorably discharged him for expiration term of service on 30 April 1966 in the rank of SP5.

6.  Army Regulation 140-185 (Army Reserve Enlisted Personnel – Promotions and Reductions), in effect at the time, states promotion of enlisted personnel will be announced in orders of the headquarters of the promotion authority.  Required entries will be made in the service record and other pertinent records.  Promotion orders and service record entries will cite the specific paragraph and subparagraph of the regulations under which authority the promotion was effected, and the effective date of the promotion, which will be the date of the order announcing the promotion unless a future date is provided in the order.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, his statement and the evidence in the record.  The record did not contain, nor did the applicant provide, orders promoting him to SSG prior to his separation at the expiration of his term of service.  The Board considered the applicant’s statement, but absent orders or some other evidence showing his promotion, the Board is unable to grant relief.

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

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 140-185 (Army Reserve Enlisted Personnel – Promotions and Reductions), in effect at the time, establishes a systematic plan of promotion for enlisted personnel of the Army Reserve who are not on active duty.

   a.  Chapter 9 (Eligibility requirements for promotion) states that to be eligible for promotion, enlisted personnel of the Army Reserve are required to be in an active status and, except for promotion to grade of E-2, are required to: 
      
      (1)  be assigned to and actively participating in a TOE or TD unit which is organized for the purpose of serving as such.
      
      (2)  be actively participating as required in paragraph 17, AR 140-140.
      
      (3)  be filling or qualified to fill an existing vacancy according to MOS in such unit, and;
      
      (4)  have attained a score of at least 90 on the Aptitude Area I, if available, or a score of 31 or higher on the Armed Forces Qualification Test -1 or -2.
      
      (5)  not be undergoing investigation under the provisions of SR 600-220-1.
      
  b.  Chapter 10 (Promotion orders) states promotion of enlisted personnel will be announced in orders of the headquarters of the promotion authority.  Required entries will be made in the service record and other pertinent records.  Promotion orders and service record entries will cite the specific paragraph and subparagraph of the regulations under which authority the promotion was effected, and the effective date of the promotion, which will be the date of the order announcing the promotion unless a future date is provided in the order.

ABCMR Record of Proceedings (cont)	 AR20180015718


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