ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 July 2019 DOCKET NUMBER: AR20190007005 APPLICANT REQUESTS: to be promoted to Staff Sergeant (SSG/E6). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Recommended Promotion List * Self- Authored Letter to the Board Members 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 was on a promotion list which was lost at the time he should have been promoted. 3. The applicant provides the Recommendation List for Promotion showing he was recommended for promotion to SSG. He also provides a self-authored letter showing the following: * JAG advised him to contact Army Board for Correction of Military Records (ABCMR) regarding his unexpected release from the Regular Army (RA) in 1988 * he went to a promotion board in 1984 at Fort Monroe before receiving orders to Korea, at the end of his tour in Korea, the cut off scores were released and he was informed he made the cut off list; he was informed he would receive his promotion at his next duty station * when he arrived at his new duty station, he found out his promotion packet was not in his personnel folder; his unit Command Sergeant Major (CSM) contacted the Inspector General (IG) regarding his promotion and the CSM was informed the applicant was not on the promotion list * the applicant was informed he had to show proof he was on the promotion list before action could be taken on his behalf, if he could not show proof he would be released from the RA * although he did not have anything to do with the paperwork being misplaced, the burden of proof was on him * he did everything in his ability to track his promotion packet prior to being forced to leave the military under the 1988 reduction in force * now after several years of searching and reaching out to anyone to include the JAG office who would listen and help, he finally found evidence that he was on the promotion list and should have not been forced to leave the military * the attached document is evidence that he went before the Promotion Board and met the requirement to be promoted * he requests his records be reviewed and appropriate actions taken to resolve this issue 4. A review of the applicant’s records show: * 19 June 1974 – he enlisted in the Regular Army in the Rank of Private (PVT/E1) * 14 August 1977 – he was promoted to Sergeant (SGT/E5) * 6 May 1986 – Recommended List for Promotion of Enlisted Personnel shows the applicant recommended for promotion to SSG * 9 January 1986 to 7 January 1987- applicant was assigned to Korea * 1 March 1988 – he was honorably discharged, narrative reason for separation shows: reduction in authorized strength- FY 88 early transition program * there are no promotion orders or certificate to SSG 5. Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Source documents will consist of DA Form 2-1 (Personnel Qualification Record), separation orders, and any other available record. Item (4a and b), enter the active duty grade or rank and paygrade at the time of separation. 6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribe the SSG promotion system. Field grade commanders in units authorized a commander in the grade of LTC or higher have promotion authority to the ranks of SGT and SSG; however, the Promotions Work Center maintains the promotion standing list and issues the orders. Promotion certificates will be prepared by the unit or the personnel and administration center for signature by the promotion authority. Any higher level commander may direct that signature authority be held at his or her level, but the certificate will still be prepared by the unit or PAC. The semi-centralized promotion system depends on the sequential execution of the key events HQDA Operations (Centralized) Promotion point cutoff scores are determined and announced monthly for each MOS on the basis of the scores reported by the field and the needs of the Army by grade and military occupational specialty. 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, the recommended list his name appeared on and his selection for non-retention as a result of QMP. The Board found that while he was recommended for promotion there was no evidence that he remained on the list or achieved the required number of points required for promotion. The Board determined there was insufficient evidence to conclude an error or injustice had occurred and that the applicant should have been promoted to SSG as recommended. 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) 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Source documents will consist of DA Form 2-1 (Personnel Qualification Record), separation orders, and any other available record. Item (4a and b), enter the active duty grade or rank and paygrade at the time of separation. 3. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribe the SSG promotion system. Field grade commanders in units authorized a commander in the grade of LTC or higher have promotion authority to the ranks of SGT and SSG; however, the Promotions Work Center maintains the promotion standing list and issues the orders. Promotion certificates will be prepared by the unit or the personnel and administration center for signature by the promotion authority. Any higher level commander may direct that signature authority be held at his or her level, but the certificate will still be prepared by the unit or PAC. The semicentralized promotion system depends on the sequential execution of the key events HQDA Operations (Centralized) Promotion point cutoff scores are determined and announced monthly for each MOS on the basis of the scores reported by the field and the needs of the Army by grade and military occupational specialty (MOS). ABCMR Record of Proceedings (cont) AR20190007005 4 1