ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20180016965 APPLICANT REQUESTS: Correction of his record to show: * he was promoted to the rank/grade of sergeant major (SGM)/E-9, second lieutenant (2LT)/O-1 or first lieutenant (1LT)/O-2 based on his record and education attainment * he also requests a personal hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Bachelor of Science Certificate, dated 3 August 1955 * Certificate of completion of course, dated 15 April 1957 * Memorandum, Subject: Application for Appointment in the U.S. Army Reserve (USAR), dated 7 March 1958 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 June 1958 * Memorandum, Subject: Application for Appointment, dated 30 March 1960 * Memorandum, Subject: Application for Appointment in the USAR, dated 19 July 1960 * Honorable Discharge Certificate, dated 5 January 1961 * Air Force Form 70 (Summary of Ready Reserve Training Accomplishments), dated 23 June 1961 * Master of Education Degree Certificate, dated 25 January 1965 * South Carolina State University transcript, dated 30 May 1965 * Honorable Discharge Certificate, dated 5 January 1967 * Personal data sheet * South Carolina State Board of Education teachers credential * State of Georgia educator certificate * University of South Carolina transcript, dated 11 October 1975 * Georgia Southern University transcript 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 (ABCMR) 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: a. He joined the USAR in August 1955 and entered the Regular Army on 27 June 1956 in the rank of specialist four (SP4)/E-4; he served 2 years on active duty in an integrated Army from June 1956 to June 1958. He completed the general supply course at Fort Jackson, SC Quartermaster School, and was reassigned to Fort Sam Houston, TX and during his time there, he completed the Army Pre-Commission series at the Army Medical Service School and applied for a direct commission in the USAR, but he could not receive a Reserve commission because he was on active duty as a Reservist and could not hold dual Reserve positions. b. He was promoted to sergeant (SGT)/E-5 about 3 months before he was separated however, Sergeant First Class G- and another SGT in his office got the personnel SGT to give the rank to SP4 J- R-. On 26 June 1958, he was released from active duty as a SP4 and he returned to SC and was assigned to a segregated USAR African-American Quartermaster Company in Augusta, GA to complete his remaining 5 years and 1 month. Promotions in the unit were limited. c. There was another African-American Engineer Company with plenty of available rank to be made, and he was going to ask to be transferred to it, however, he was told it was going to be deactivated. The African-Americans were transferred from the African-American Engineer Company to the African-American Quartermaster Company. The Engineer Company did not deactivate, and the Caucasian reservists were assigned to the Engineer Company with all the opportunity to advance in rank up to warrant officer. All the African-American reservists were left in the African-American Quartermaster Company with no chance of being promoted. No one in the Quartermaster Company received a promotion during the time he was assigned to it. He knew if he stayed in the segregated USAR 30 years he would never make any more rank. d. He learned the U.S. Air Force (USAF) Reserve in Augusta, GA and Aiken, SC was integrated, and you could advance in rank. He asked for and received an honorable discharge from the Army on 5 January 1961 to join the USAF Reserve and complete his remaining service obligation. On 5 January 1961, he joined the integrated USAF Reserve in Aiken, SC and could have been promoted to staff sergeant (SSgt)/E-5 immediately, however the Airman in charge gave him the wrong information stating he had to serve one year in his present grade before being promoted. This mistake on his part caused him to be one year late making SSgt. After serving his time in grade, he was promoted to SSgt and Tech Sergeant (TSgt)/E-6. e. After joining the Air Force Reserve as an airman first class (A1C)/E-3, he applied for a commission as a 2LT in the Army Reserve. He went before a board of officers in Greenwood, SC, however, there were no openings for African-Americans. African –Americans could not join the Army National Guard (ARNG) and most of the USAR units in SC and GA. The only African-American USAR units were in Augusta, GA and Columbia, SC and they had all the required officers. f. He was the supply supervisor for their unit and they always received an excellent rating during their active duty training. He was going to be promoted to master sergeant (MSgt)/E-7 after his time in grade was up. The USAF closed all Reserve units in the State of SC and all Reserve personnel had to go to Charleston, SC for one weekend a month for reserve training. Due to family hardship he could not go the long distant to Charleston, SC for a weekend. He was placed in the inactive reserve to finish his obligation and received an honorable discharge from the USAF on 5 January 1967. There were many reserve units and National Guard units close by, however, he could not join them. He did not rejoin the segregated Quartermaster Company in Augusta, GA because there was no chance of being promoted. He wanted to stay in the Reserves for 20 to 30 years. g. If it was not for the system in the South and the segregated USAR and ARNG he would have been discharged with a much higher rank. The USAF Reserve in Augusta GA and Aiken, SC were integrated, at the same time the USAR and the ARNG in each city was segregated. During this time, the laws of the U.S. stated that all military and Reserve units should be integrated. h. The applicant states how he is 85 years old and will be buried in a National cemetery; therefore, he would like to get an honorary direct appointment or promotion based on his education and Army and Air Force record. He is not asking for any money for the injustice. He only wants his service record to show the rank he should have made if it was not for the injustice. 3. The applicant’s complete military records are not available for review. A fire in 1973 destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC). The Army personnel records affected dated between November 1912 and January 1960. It is believed his records were lost or destroyed in that fire. The applicant provided his DD Form 214, ending 26 June 1958. 4. The applicant enlisted into the Regular Army on 27 June 1956. He was honorably discharged on 26 June 1958 and returned to the USAR. His DD Form 214 indicates his grade was specialist three (SP3) permanent. 5. The applicant provides: a. South Carolina State Bachelor of Science Certificate showing the degree was conferred upon him on 3 August 1955. b. Army Extension Course Certificate showing he completed the Army Pre-Commission series at the Army Medical Service School with a rating of excellent. c. Memorandum, Subject: Application for Appointment in the USAR wherein the applicant was informed his application was returned because he was an Enlisted Reservist on active duty and not eligible for appointment unless he was ordered to active duty concurrently with such appointment. d. Memorandum, Subject: Application for Appointment wherein the applicant was informed his application was not favorably considered because he did not possess the technical qualifications desired for appointment as a 2LT in the Quartermaster Corps, USAR. e. Memorandum, Subject: Application for Appointment in the USAR wherein the applicant was informed his application for appointment was considered for all three branches indicated on his application, but there were no available unit vacancies, and he had to be considered with assignment to the Ready Reserve Reinforcements. A very small quota was allotted to the Third Army Command annually for appointment in the USAR with assignment to Ready Reserve Reinforcements and only the most outstanding applicants were selected under this criteria. f. Army of the United States Honorable Discharge Certificate. g. Air Force Form 70 showing his effort with familiarizing himself with the mechanized supply system, he was observant and grasped important points of his instruction quickly, and recommendations for future positions. h. Master of Education Certificate showing the degree was conferred upon him on 25 January 1965. i. South Carolina State College transcript showing he met the requirements for the Master of Education degree. j. USAF Honorable Discharge Certificate. k. Personal data sheet showing his personal accomplishments in education, professional experience, extracurricular activities, and honors received. l. South Carolina State Board of Education teaching credential. m. Georgia educator certificate showing the applicant met the requirements and professional standards to teach agriculture education and technology education. n. University of South Carolina transcript showing classes completed and grades. o. Georgia Southern University transcript showing classes completed and grades. 6. Army Regulation (AR) 624-200 (Promotions, Demotions, and Reductions) in effect at the time, prescribe the policies and procedures governing, appointment and reduction of all enlisted personnel on active duty. Appointment of enlisted personnel to all grades except private (PVT/E-2 will be announced in orders. The orders will state whether the promotion is temporary or permanent. a. Time in pay grade will be computed from the active duty date of rank established at the time of current entry into the pay grade in which serving. Time in service will be computed by giving credit for all active duty in any of the Armed Forces. b. Permanent appointment to pay grades E-4 through E-9. Regular Army personnel who meet the eligibility requirements will be recommended by their immediate commander: * E-5, 7 years time in service, 2 years minimum time in temporary grade as an E-5 * E-6, 11 years time in service, 2 years minimum in temporary grade E-6 * E-7, 15 years time in service, 2 years minimum in temporary grade E-7 * E-8, 19 years time in service, 2 years minimum in temporary grade E-8 * E-9, 23 years time in service, 3 years minimum in temporary grade E-8 7. AR 140-100 (Appointment as Reserve Commissioned Officers of the Army) in effect at the time, states the basic requirements for appointment as a Reserve commissioned officer for service in the Army Reserve: * 18 years of age for initial appointment * must be a citizen of the U.S. * evidence of satisfactory completion of 120 credit hours at a nationally or regionally accredited college or university * demonstrated understanding of, and proficiency in the English language * appointments will be limited to those necessary to filling existing vacancies in the Ready Reserve where there are no qualified officers of appropriate or lower grades available to fill such vacancies * meet the need for Ready Service reinforcements under quotas established by The Adjutant General 8. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the applicant’s completion of military and civilian education and his active and reserve component service. The Board acknowledges his military records and his military and civilian education accomplishments, but did not find sufficient evidence of recommendations for, selections for or denial of selection for the corrections he requested. The Board cannot correct USAF records. The Board did find evidence of correspondence informing him that he was not eligible for appointment as a 2LT. The Board found insufficient evidence of an error or injustice that would warrant correction to his record. The Board considered his request for a personal appearance, but found the evidence in the records sufficient to make a determination. 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 :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 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. AR 624-200 (Promotions, Demotions, and Reductions) in effect at the time, prescribe the policies and procedures governing, appointment and reduction of all enlisted personnel on active duty. Appointment of enlisted personnel to all grades except private (PVT/E-2 will be announced in orders. The orders will state whether the promotion is temporary or permanent. a. Time in pay grade will be computed from the active duty date of rank established at the time of current entry into the pay grade in which serving. Time in service will be computed by giving credit for all active duty in any of the Armed Forces. b. Permanent appointment to pay grades E-4 through E-9. Regular Army personnel who meet the eligibility requirements will be recommended by their immediate commander: * E-5, 7 years time in service, 2 years minimum time in temporary grade as an E-5 * E-6, 11 years time in service, 2 years minimum in temporary grade E-6 * E-7, 15 years time in service, 2 years minimum in temporary grade E-7 * E-8, 19 years time in service, 2 years minimum in temporary grade E-8 * E-9, 23 years time in service, 3 years minimum in temporary grade E-8 3. AR 140-100 (Appointment as Reserve Commissioned Officers of the Army) in effect at the time, states the basic requirements for appointment as a Reserve commissioned officer for service in the Army Reserve: * 18 years of age for initial appointment * must be a citizen of the U.S. * evidence of satisfactory completion of 120 credit hours at a nationally or regionally accredited college or university * demonstrated understanding of, and proficiency in the English language * appointments will be limited to those necessary to filling existing vacancies in the Ready Reserve where there are no qualified officers of appropriate or lower grades available to fill such vacancies * meet the need for Ready Service reinforcements under quotas established by The Adjutant General 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. a. Paragraph 2-9 states, the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. Paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. ABCMR Record of Proceedings (cont) AR20180016965 0 6 1