ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20190006792


APPLICANT REQUESTS: to be promoted to the rank of Sergeant (SGT/E-5).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* Self-Authored Letter
* DD Form 214 (Report of Separation from Active Duty)
* Unit Orders Number 38
* Letter of Appreciation x 3

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 he wants to be promoted to SGT.  He was not promoted after serving 4 years time in grade.  It has bothered him, and it would be an honor and well deserved to be promoted to SGT.  

3.  The applicant provided:

* unit orders showing he was promoted to Specialist (SP4)/ E-4 on 19 May 1975
* DD Form 214 showing he was honorably discharged in the rank of SP4 
* three letters of appreciation for his outstanding work performance:
o from CPT M_ recognizing how effective and efficient he made the orderly room
o appreciation for building sheds and placing concrete pads, completing multiple projects that required long hours beyond normal duty requirements
o commendation for outstanding duty, always reliable during alerts, “can do” attitude, came out tops during inspections and with Motor Pool, no matter what the situation was that came up
* The self-authored letter provided shows:

* he was in the Regular Army (RA) from May 1974 to April 1977 and joined the United States Army Reserves (USAR) for two years until 1979
* he was promoted to E-4 one year after joining the RA, he served in the rank of E-4 for 4 years
* he was supposed to be promoted to E-5, but he never pursued it; he should have been promoted because of his time in grade in the rank of E-4
* he questions if he can be promoted to E-5 after being discharged from the RA/USAR
* he was awarded the Army Good Conduct Medal after he was discharged
* he was supposed to get “buck sergeant” stripes because he worked in personnel for 2 years in the USAR and his time in grade should have qualified him for the promotion to E-5

4.  A review of the applicant’s records show:

* 25 March 1974 – he enlisted in the RA in the rank of Private 
* DA Form 2-1 (Personnel Qualification Record) show the following promotions:
o 25 July 1974 – Private Second Class 
o 11 November 1974  - Private First Class 
o 19 May 1975 – SP4
* 27 April 1977 – he was honorably discharged from the RA and enlisted in the USAR
* 24 March 1980 – he was honorably discharged from the USAR in the rank SP4

5.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction).  In order to standardize promotion qualification throughout the US Army Reserve and to ensure promotion of the best qualified individual, enlisted promotion selection board action will be required for all individuals promoted to pay grades E5 through E9.  The promotion of enlisted members to pay grades E5 through E9 will be based solely on members' qualifications and on appropriate MTOE/TDA position vacancies.  In the case of promotion to pay grades E5 through E8, the promotion may not exceed the cumulative vacancies for that pay grade.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board considered the applicants service record, his promotion to specialist and his statement regarding eligibility for promotion to SGT.  The Board found no evidence in the records, and the applicant provided none, to show that he had been recommended for promotion, was selected by the appropriate authority or promotion board and promoted as the result of published orders.  Based on preponderance of evidence, the Board determined there was insufficient evidence to support the applicant’s requested correction.

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 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) In order to standardize promotion qualification throughout the US Army Reserve and to ensure promotion of the best qualified individual, enlisted promotion selection board action will be required for all individuals promoted to pay grades E5 through E9. ·The promotion of enlisted members to pay grades E5 through E9 will be based solely on members' qualifications and on appropriate MTOE/TDA position vacancies.  In the case of promotion to pay grades E5 through E8, the promotion may not exceed the cumulative vacancies for that pay grade.  

ABCMR Record of Proceedings (cont)	 AR20190006792
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