ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  26 July 2019

	DOCKET NUMBER:  AR20190005932


APPLICANT REQUESTS:  advancement from the rank of Corporal (CPL/E4) to 
Sergeant (SGT/E5)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from Veterans Service Office dated 7 March 2019

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 that he would like to be advanced from the rank of CPL to the 
rank of SGT.  In 1952, he was attached to an Infantry Company, wherein he was 
replaced as a squad leader by Staff Sergeant R_R_ .  During this time, he was told that 
his rank was frozen, however he feels that he should be promoted to SGT. 

3.  In support of this request the applicant provides a letter from the Veterans Service 
Office which refers to the applicant’s available service records obtained from the 
National Personnel Records Center.  Documentation and reference herein has been 
extracted from those records. 

4.  A review of the applicant’s service records reflects the following on: 

*	30 October 1950 – he was inducted into the Army 
*	1 March 1951 – he was promoted to the rank of Private Second Class
*	12 July 1951 – he was promoted to the rank of Private First Class
*	16 November 1951 – he was promoted to the rank of CPL(T)
*	29 July 1952 – he was released from the Army and transferred into the Enlisted 
Reserve Corps (ERC)
*	1 October 1956 – he was discharged from the ERC at the rank of CPL

5.  The applicant’s available service records are void of any documentation reflective of 
him being recommended or considered for promotion beyond the temporary rank of 
CPL. 

6.  Army Regulation (AR) 624-200 (Promotions, Demotions and Reductions – 
Appointment and Reduction of Enlisted Personnel) states that temporary appointment of 
enlisted personnel to all grades above E-3 and permanent appointment to E-3 will be 
announced in orders issued by the appointing authority.  The orders will state whether 
the appointment is permanent or temporary.  Orders will not be issued for appointments 
to permanent grades above E-3.  To be eligible for appointment to E-5, an individual 
must have 8 months time in grade as an E-4. 


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 
promotions and the record of his separation.  The Board found evidence, and the 
applicant provided none, to show he had been promoted to the rank of SGT.  Based on 
a preponderance of evidence, the Board determined that the rank on his DD Form 214 
was neither 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

: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 (AR) 624-200 (Promotions, Demotions and Reductions – 
Appointment and Reduction of Enlisted Personnel) states that temporary appointment 
of enlisted personnel to all grades above E-3 and permanent appointment to E-3 will be 
announced in orders issued by the appointing authority.  The orders will state whether 
the appointment is permanent or temporary.  Orders will not be issued for appointments 
to permanent grades above E-3.  To be eligible for appointment to E-5, an individual 
must have 8 months time in grade as an E-4.

ABCMR Record of Proceedings (cont)	 AR20190005932

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