ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 July 2019 DOCKET NUMBER: AR20190005490 APPLICANT REQUESTS: in effect, promotion to Master Sergeant (MSG)/E-8. APPLICANT'S SUPPORTING DOCUMENT 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 turned down the rank for personal reasons * he feels he worked hard to obtain the rank * it has always been on his mind he should have accepted the rank of E-8 * he turned the rank down while working in the 82nd Airborne division for personal reasons * now he would like to have MSG rank reinstated because he worked hard to obtain it while on active duty 3. The applicant's records contain a DA Form 2-1 (Personnel Qualification Record). Block 18 (Appointments and Reductions) shows he was promoted to Sergeant First Class (SFC)/E-7 effective 20 March 1973. 4. There is no evidence available in the applicant's service records to indicate whether or not he was eligible for promotion to MSG, whether he was considered for promotion to MSG, or whether or not his name appeared on a promotion list to MSG. 5. There is no evidence available in the applicant's service records to indicate he declined promotion to MSG. 6. The applicant retired from the Army on 31 May 1975. His DD Form 214 (Report of Separation from Active Duty) lists his retirement rank as SFC. 7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, states the promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restorations were announced in orders. Personnel in grades E-5 through E-8 will be reviewed by regularly scheduled centralized promotion boards. The names of individuals who are eligible for promotion considerations by a DA board will be published by HQDA. 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 record of service, the absence of evidence showing that he was eligible for promotion to MSG, considered for promotion to MSG, or that his name appeared on a promotion list to MSG. Based upon a preponderance of evidence, the Board determined that the applicant’s grade at retirement (SFC) was not in error or unjust. 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 :XXX :XXX :XXX 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), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. a. Personnel in grades E-5 through E-8 will be reviewed by regularly scheduled centralized promotion boards. The names of individuals who are eligible for promotion considerations by a DA board will be published by HQDA. b. An individual who is determined by a DA selection board to be the best qualified among his/her contemporaries, Army-wide, and who is not only qualified professionally but also has demonstrated integrity and high moral standards will be selected for promotion. c. DA selection boards apply the whole person concept whereby individuals qualifications for promotion are judged by the entire record of accomplishments and failures. No one item of information by itself is considered overriding in determining either the best qualified or those not qualified for promotion. d. Basic eligibility for consideration for promotion to grades E-7, E-8, and E-9 is based on date of rank and in cases of E-8 and E-9, date of rank and cumulative enlisted service creditable in the computation of basic pay. Headquarters, Department of the Army, will announce the criteria constituting the primary and secondary zones of consideration for each grade. No provisions exist whereby an individual may decline promotional consideration. General criteria are prescribed in the letter of instruction and general guidance provided to each Department of the Army selection board. The individual must— * meet announced date or rank requirements or other eligibility criteria as may be prescribed by Headquarters, Department of the Army * have at least 8 and 10 years' cumulative enlisted service creditable in the computation of his basic pay for promotion to the grades E-8 and E-9, respectively e. The promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restorations were announced in orders. f. Unless a promotion is expressly declined by the individual concerned it is considered to be accepted as of the date of the announcing order. An individual may not submit a letter of declination of promotion until such promotion has been announced in orders. The name of an individual who declines promotion will be removed from the recommended list. ABCMR Record of Proceedings (cont) AR20190005490 3