ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  5 September 2019

	DOCKET NUMBER:  AR20190009830


APPLICANT REQUESTS: to receive promotion to Sergeant First Class (SFC/E7). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Permanent Order 114-15 
*	DA Form 4980 (Award Certificate) 

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.  Applicant states documents surfaced stating he was promoted to SFC, but it is not 
reflected on his DD Form 214.  His DD Form 214 states his grade as Staff Sergeant 
(SSG/ E-6).  He states he was on a European team for inventory and everyone on the 
team was promoted.  He found documents stating his grade was SFC.  He states he 
should be reimbursed. 

3.  The applicant submitted the following documents in support of his request:

*	DD Form 214 (Certificate of Release or Discharge from Active Duty), showing he 
was retired at the rank of SSG 
*	Permanent Order 114-15, an Army Achievement Medal award showing his rank 
as SFC
*	DA Form 4980 (Award Certificate), the award certificate showing his rank as SFC 
and recognizing his accomplishments while assigned to the Europe Inventory 
Team

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

*	31 December 1962 – he enlisted in the Regular Army (RA) 
*	16 July 1976 – he was promoted to SSG
*	31 July 1983 – he was honorably retired at the rank of SSG

5.  The records are void of promotion orders or any other documents, promoting the 
applicant to the rank of SFC.  The applicant’s records are void of, and the applicant did 
not provide, documentation to support that he went through the board process and was 
recommended for promotion to SFC.
 
6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  The ABCMR begins its consideration of each case 
with the presumption of administrative regularity.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.
7.  Army Regulation (AR) 635-5 (Separation Documents) states DD Form 214 provides 
the individual with documentary evidence of his military service.  Source documents will 
consist of DA Form 20 and all available records when preparing DD Form 214.  Item 4a 
enter the grade/rank in which serving at the time of separation.  Item 4b enter the DOR 
for the grade/rank shown in 5a.

8.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the 
policies and procedures governing promotion and reduction of Army enlisted personnel.  
It states, for promotion to SFC, a Soldier must be recommended for promotion by a 
centralized promotion board and the recommendation must be approved by the 
promotion authority.  

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 AAM citation and orders that he provided, and his DD Form 214 showing 
his retirement rank as SSG.  The Board found that the award was published after the 
date of his retirement; the Board found no evidence that the applicant was considered 
or recommended for promotion by a centralized board or promoted SFC as the result of 
a board process and the applicant provided none.  Based on a preponderance of 
evidence, the Board determined there was insufficient evidence to support the 
applicant’s request and that the rank reflected on the applicant’s DD Form 214 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

: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 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  The ABCMR begins its consideration of each case 
with the presumption of administrative regularity.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.
3.  Army Regulation (AR) 635-5 (Separation Documents) states DD Form 214 provides 
the individual with documentary evidence of his military service.  Source documents will 
consist of DA Form 20 and all available records when preparing DD Form 214.  Item 4a 
enter the grade/rank in which serving at the time of separation.  Item 4b enter the DOR 
for the grade/rank shown in 5a.

4.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the 
policies and procedures governing promotion and reduction of Army enlisted personnel.  
It states, for promotion to SFC, a Soldier must be recommended for promotion by a 
centralized promotion board and the recommendation must be approved by the 
promotion authority.  The applicant’s records are void of, and the applicant did not 
provide, proof that he went through the board process and was recommended for 
promotion nor any orders promoting him to SFC.


ABCMR Record of Proceedings (cont)	 AR20190009830
	
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