ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 18 July 2019 DOCKET NUMBER: AR20190006313 APPLICANT REQUESTS: * in effect, reconsideration of the applicant's previous requests for correction of his military records to show his promotion passover was done in error * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored continuation of his application * DA Form 78 (Recommendation for Promotion of Officer) - non-selection * DA Form 67-6 (US Army Officer Efficiency Report) * Bronze Star Medal Citation (BSM) * General Orders Number 4781 award of BSM FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC89-05661 on 22 November 1989. 2. The applicant states: * his pass over for promotion to Captain (CPT) was illegal and based on an inaccurate performance report * army regulation requires an error or injustice must be corrected within 3 years or upon discovery * the injustice occurred in August 1968 * he discovered the injustice during his records review prior to his release from active duty in July 1971 * he immediately requested correction of his records and the request was rejected for lack of timeliness * the rejection seemed not only in possible conflict with the regulation but not in the interest of justice * in August 1968 CPT F and Colonel (COL) H submitted a negative recommendation to promote him * this resulted in him being passed over for promotion to CPT * the passover was the basis of him being released from active duty and the termination of his officer career * neither CPT F nor COL H were his authorized rater or endorser * they had supervised him for less than 30 days * Army regulation states they must supervise him for at least 90 days * his authorized official rater and endorser were appointed on orders * they submitted a performance report the the time period in question * this evaluation is in direct conflict with the evaluation submitted illegally by CPT F and COL H * to compound the injustice, COL H awarded him a BSM for outstanding service in July 1968 * he then recommended the applicant not be promoted in August 1968 * the applicant asks how you get a BSM for outstanding service and not be fit for promotion 3. The applicant provides: * a DA Form 78 on 15 August 1968, signed by his commanding officer, CPT F___, stating the applicant was not recommended for promotion; his performance as a platoon leader was below average as he required constant supervision and he was not ready for a position that requires greater responsibilities * DA Form 67-6, his Officer Efficiency Report covering the period of 1 February 1968 through 8 June 1968; he was rated below average in one area and the top in several areas * a copy of his BSM citation and orders. The BSM was awarded for the period of July 1967 through July 1968. The BSM citation states, in part: * the applicant consistently manifested exemplary professionalism and initiative * his rapid assessment and solution of numerous problems inherent in a counterinsurgency environment greatly enhanced the allied effectiveness * he performed his duties in a resolute and efficient manner * he contributed materially to the successful accomplishment of the US mission in the Republic of Vietnam 4. The applicant’s service record shows: * 19 August 1966- he was initially appointed as a commissioned officer and voluntarily called to active duty; he had prior service * 19 August 1968- he was erroneously temporarily promoted to CPT; his promotion was revoked since he was not recommended for promotion * August 1968- the applicant was not recommended for promotion * there is no evidence in the applicant’s records indicating when the rater and endorser were appointed to rate the applicant * 11 October 1968- he was promoted to CPT effective date of rank of 19 August 1968 * 5 November 1968- a Promotion Review Board considered the applicant's non- selection to CPT, and they determined a promotion injustice had not occurred and the applicant would not be promoted * 21 January 1971- memo notified the applicant the Board determined his release from active duty was required * 13 May 1971- a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows he was discharged from the Regular Army; he was released in the rank of CPT with a date of rank of 11 October 1968 * 22 February 1988- a DD Form 214 (Certificate of Release or Discharge from Active Duty), shows he was discharged from the Regular Army as a Master Sergeant and placed in the US Army Reserve Control Group (Retired) 5. The applicant was notified by the Chief of Retirement Services he was advanced on the retired list effective 5 June 1989 to the grade of CPT, the highest active duty grade he satisfactorily held. 6. Army Regulation 624-100 (Promotion of Officers on Active Duty), in effect at the time, provided for promotion to temporary captain only if recommended for that grade: and that if subsequently recommended after a nonrecommendation, the promotion may not be backdated or made any earlier than the subsequent recommendation. 7. Army Regulation 635-200 sets the policies for separation and retirement of enlisted personnel. Chapter 12 sets the policies and procedures for voluntary retirement for length of service. This chapter specifies that an enlisted person may be retired with more than 20 years of active Federal service in the grade he currently holds at retirement: and that if he satisfactorily held a higher commissioned grade for more than 6 months, he may be advanced on the retired list to that higher grade upon completion of 30 years of total active and retired service. 8. 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 regarding his promotion dates, revocations, the rating chain and the recommendations of his rating chain. The Board also reviewed the conclusions of the Promotion Review Board and the Date of Rank reflected on his May 1971 DD Form 214. The Board found that he had been properly promoted to CPT and that on more than one occasion his date of rank had been 19 August 1968. Based on the preponderance of evidence, that Board determined that an injustice had occurred and a correction to the applicant’s date of rank was warranted. The Board further determined that the records were sufficient to render a fair adjudication and that a personal appearance was not required in the interest of justice. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 for the period ending 13 May 1971 to show his Date of Rank to CPT as 19 August 1968. 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. 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. 2. Army Regulation 624-100 (Promotion of Officers on Active Duty) prescribes the policies and procedures for promotion of officers on active duty. This regulation, in effect at that time, provided for promotion to temporary captain only if recommended for that grade: and that if subsequently recommended after a nonrecommendation, the promotion may not be backdated or made any earlier that the subsequent recommendation. 3. Army Regulation 635-200 sets the policies for separation and retirement of enlisted personnel. Chapter 12 sets the policies and procedures for voluntary retirement for length of service. This chapter specifies that an enlisted person may be retired with more than 20 years of active Federal service in the grade he currently holds at retirement: and that if he satisfactorily held a higher commissioned grade for more than 6 months, he may be advanced on the retired list to that higher grade upon completion of 30 years of total active and retired service. ABCMR Record of Proceedings (cont) AR20190006313 2