ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

               

                  BOARD DATE:  9 July 2019

                  DOCKET NUMBER:  AR20190004880

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.

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,          
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 discharged on 5 April 1972
*	he was promoted to E-5 on 1 April 1972
*	he took an exam for the promotion
*	he received a copy of the promotion, but it was lost in a flood at his official 
residence
*	he would like his records fixed because he earned the promotion
*	he proudly served in South Vietnam as an infantry medic
*	upon return to the states, he was sent to Fort Campbell, Kentucky
*	the unit deactivated, and he was assigned to another unit

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 11 February 1971.  There is no entry for a promotion to E-5 on his                          
DA Form 20.  

4.  The applicant’s service record is void of documentation 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 5 April 1972.  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 were no provisions for an automatic promotion to pay grade E-5.  

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 
separation and the lack of evidence in the record, or provided by the applicant, that he 
had been selected for and promoted to SGT prior to his separation.   The Board found 
there was insufficient evidence to grant the requested relief. 

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 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)		AR20190004880
2