ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  2 July 2019

	DOCKET NUMBER:  AR20190002691


APPLICANT REQUESTS: consideration to be advanced for promotion to the rank of 
First Sergeant (1SG/E8).

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 he was temporarily promoted to 1SG while on a standing 
promotion list (frocked promotion) in the United States Army in September 1994.  He 
was unfortunately forced into retirement due to a family hardship.  According to his 
calculation, his active duty and retirement combined is a total of 30 years. According to 
his understanding he has to have a total of 30 years combined active duty and 
retirement for consideration for promotion to E8.  

3.  A review of the applicant’s records shows:

*	17 February 1976 – he enlisted in the Regular Army (RA) 
*	30 August 1979 – he reenlisted at the rank of Sergeant (SGT/E5)
*	He received the following promotions
o	17 February 1976 – Private (PV1/E1)
o	17 June 1976 – Private Second Class (PV2/E2) 
o	16 December 1976 – Private First Class (PFC/E3)
o	17 May 1977 – Specialist (SPC/ E4)
o	27 November 1978 – Sergeant (SGT/ E5)
o	3 October 1983 – Staff Sergeant (SSG/ E6)
o	1 October 1989 Sergeant First Class (SFC/E7) 
*	28 December 1994 – received a DA Form 2166-7 (NCO Evaluation Report) with 
dates September 1994 to November 1994 showing his Principal Duty Title as 
First Sergeant 
*	9 March 1995 – he signed DA Form 4991-R (Declination of Continued Service 
Statement) 
*	1 April 1995 – he received Orders 091-00228 releasing him from Active Duty, 
placing him on the retired list effective 1 March 1996 as a SFC

4.  8 December 2018 the applicant received a letter from Army Review Board Agency 
(ARBA) regarding his Army Grade Determination Review Board (AGDRB) results 
showing:

*	the applicant requested the board to advance him on the retired list to the grade 
of E8 under the provision of Title 10 United States Code Section 3964
*	AGDRB determined the applicant was not eligible for advancement due to no 
evidence or promotion to E8 

5. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
Paragraph 12-10 states all noncommissioned officers in the grades of E-6 through E-8 
who are currently on a Department of the Army centralized promotion list will lose 
promotion list standing upon approval of a retirement.  Their names will be 
administratively removed from a promotion list, and they will retire in the grade currently 
held.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board found that the applicant did not provide 
and the record holds no evidence that he was ever promoted or served in the 
rank/grade of MSG/E-8.  The highest grade/rank evident in the applicant’s service 
record is SFC/E-7.  Furthermore, had he been on a standing promotion list, per AR 635-
200 he was removed from the list and lost his standing when his retirement was 
approved.  Therefore, the Board found no basis to grant 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.


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 635-200 (Active Duty Enlisted Administrative Separations), 
Paragraph 12-10 states all noncommissioned officers in the grades of E-6 through E-8 
who are currently on a Department of the Army centralized promotion list will lose 
promotion list standing upon approval of a retirement.  Their names will be 
administratively removed from a promotion list, and they will retire in the grade currently 
held.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190002691
	
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