ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  

                  BOARD DATE:  9 July 2019

                  DOCKET NUMBER:  AR20190004783

APPLICANT REQUESTS:

*	in effect correction of his DD Form 214 (Armed Forces of the United States 
Report of Transfer or Discharge) to show he was promoted to E-5
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, 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 promoted in July 1971
*	he was promoted to the grade of E-5
*	the records should be corrected because he was promoted 

3.  The applicant's service records contain a DA Form 20 (Enlisted Qualification Record) 
which shows in item 33 (Appointments and Reductions) he was promoted to SP4 
effective 26 April 1971.  There is no entry for a promotion to E-5 on his DA Form 20.  

4.  The applicant did not meet the time in grade requirement for promotion to SP5 at the 
time of his discharge.  There is no documentation in the applicant's service record 
indicating he was being considered for promotion or that he was promoted to the grade 
of E-5.  

5.  The applicant was released from the Regular Army on 26 October 1971.  His                     
DD Form 214 shows he was a Specialist 4 (SP4)/E-4 at the time of discharge.  


6.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, 
prescribed the policies and procedures for the promotion and reduction of enlisted 
Soldiers.  Paragraph 7-135(a) specified the completion of 8 months time in pay grade  
E-4 and 3 years time in service (primary zone) or 2 years time in service (secondary 
zone) were required for promotion to pay grade E-5.  Recommendation for promotion to 
pay grade E-5 would be prepared on a DA Form 2496 (Disposition Form), signed by the 
recommending official and then submitted through channels to the headquarters of the 
promotion authority.  Waivers for one-half of the time in pay grade were permissible.  
There was no provisions for an automatic promotion to pay grade E-5.  

7.  Army Regulation 15-185 Army Board for Correction of Military Records (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 considered the applicant’s statement, his date of 
promotion to SPC and the TIS/TIG requirements for consideration for promotion to SGT.  
The Board found no evidence of the applicant’s being considered of recommended for 
promotion to SGT and determined that he had insufficient TIG for promotion 
consideration.  The Board found no error or injustice to support a correction to the 
applicant’s record.  The Board further determined that the records were sufficient to 
render a fair and equitable consideration and denies that applicant’s request for a 
personal appearance.

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.


REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year statute 
of limitations if the ABCMR determines it would be in the interest of justice to do so.  

2.  Army Regulation 15-185 (ABCMR), the regulation under which this Board 
operations, provides that ABCMR members will review all applications that are properly 
brought before them to determine the existence of an error or injustice, and to direct or 
recommend changes in military records to correct the error or injustice, if persuaded 
that a material error or injustice exists and that sufficient evidence exists on the record.  
The ABCMR will decide cases on the evidence of record; it is not an investigative 
body.  The ABCMR may, in its discretion, hold a hearing.  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. 

3.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, 
prescribed the policies and procedures for the promotion and reduction of enlisted 
Soldiers.  Paragraph 7-135(a) specified the completion of 8 months time in pay grade 
E-4 and 3 years time in service (primary zone) or 2 years time in service (secondary 
zone) were required for promotion to pay grade E-5.  Recommendation for promotion 
to pay grad E-5 would be prepared on a DA Form 2496 (Disposition Form), signed by 
the recommending official and then submitted through channels to the headquarters of 
the promotion authority.  Waivers for one-half of the time in pay grade were 
permissible.  There was no provisions for an automatic promotion to pay grade E-5.  



ABCMR Record of Proceedings (cont)		AR20190004783
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