IN THE CASE OF: 

		BOARD DATE: 26 October 2023

		DOCKET NUMBER: AR20230004488


APPLICANT REQUESTS:  correction of his rank/grade from specialist (SPC)/E-4 to 
sergeant (SGT)/E-5 and a personal appearance before the Board.  

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) 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 documents pertaining to his military file are missing or were not 
put onto his micro-fiche due to a fire, as he was informed. His documents were either 
burned in the fire or were disposed of due to water damage. Because, while as a 
service member, he was informed by upper ranking supervisors he would have to
wait until he was 60 to apply for the benefits, which he found out was not the case. He 
has a micro-fiche original copy which is his only copy that he would like to produce in 
person at the time and date of hearing, if permitted.   

3.  A review of the applicant's official military record shows the following:

	a.  Having had prior enlisted service in the Army National Guard, he enlisted in the 
U.S. Army Reserve (USAR) on 7 October 1994. 

	b.  On 13 March 1996, he reenlisted in USAR in the rank of SPC for 6 years.

	c.  DA Form 2-1 (Personnel Qualification Record - Part II) does not contain an entry 
showing he was promoted to SGT/E-5.  

	d.  Orders Number 148-15 published by the 77th Regional Support Command, Fort 
Totten, NY, assigned the applicant to the Army Reserve Personnel Center 
(Reinforcement) for being an unsatisfactory participant, effective 1 May 1997. The 
orders show his rank as SPC.   

	e.  Orders Number 215-5 published by the 77th Regional Support Command 
assigned the applicant to the Army Reserve Personnel Command (Reinforcement) for 
being an Individual Ready Reserve unsatisfactory participant, effective 31 July 1999. 
The orders show his rank as SPC.        

	f.  Orders Number 00-318-004 published by the 77th Regional Support Command 
assigned the applicant to the USAR Control Group (Reinforcement) for being an IRR to 
Troop Program Unit no show, effective 31 October 2000. The orders show his rank as 
SPC.    

	g.  Orders Number C-05-114660 published by the USAR Personnel Command 
(PERSCOM) released the applicant from the USAR Control Group (Reinforcement) and 
assigned him to his USAR unit in New York, effective 25 May 2001. The orders show 
his rank as SPC.   

	h.  On 12 March 2002, Orders Number D-03-211443 published by the USAR 
PERSCOM honorably discharged the applicant from the USAR in the rank of SPC/E-4. 

4.  The applicant's record did not contain promotion orders or a promotion certificate 
showing he was promoted to SGT/E-5.           


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is not warranted. The Board found the 
available evidence sufficient to consider this case fully and fairly without a personal 
appearance by the applicant.

2.  The Board found no evidence showing the applicant was promoted to SGT/E-5 
during his period of military service. The Board further found that the applicant’s 
unsatisfactory participation as a member of the USAR would have been a significant 
barrier to being promoted to SGT/E-5 or retaining that rank/grade. Based on a 
preponderance of the evidence, the Board determined the rank/grade the applicant held 
at the time of his discharge was not in error or unjust.


?
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 years after discovery of the alleged error or injustice. This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation (AR) 15-185 (ABCMR), states that the ABCMR begins its 
consideration of each case with the presumption of administrative regularity. It will 
decide cases based on the evidence of record and it is not an investigative body. The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence. Paragraph 2–11 states that 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.

3.  AR 600-8-19 (Enlisted Promotions and Reductions) in effect at the time, prescribes 
the enlisted promotions and reductions function of the military personnel system. 

   a.	Paragraph 1–25 (Promotion ceremonies and certificates) states, (a) The 
promotion certificate is not the official instrument for promotion. The promotion order will 
be used as the source document for rank, effective date, and Date of Rank for all record 
and pay purposes. (b) Promotion certificates for Soldiers promoted to specialist and 
above will be prepared by the unit or Battalion Human Resources (BN HR) official (or 
equivalent echelon) activity for signature by the sergeant (SGT) and/or staff sergeant 
(SSG) 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 
BN HR (or equivalent echelon) activity.

   b.	Paragraph 3-1 (Semi-centralized promotions (SGT and Staff Sergeant) states 
field grade commanders in units authorized a commander in the grade of lieutenant 
colonel or higher have promotion authority to the grades of SGT and SSG; however, the 
promotions work center maintains the recommended list and issues the orders. 
Promotion to SGT and SSG are executed in a semi-centralized manner. (1) Field 
operations. Board appearance, promotion point calculation, promotion list maintenance, 
and the final execution of the promotions occur in the field in a decentralized manner. 
(2) Headquarters Department of the Army (HQDA) operations. Promotion cutoff scores 
and the monthly SGT/SSG promotion selection by-name list are determined and 
announced monthly. d. HQDA will determine the needs of the Army by grade and 
military occupational specialty.
   
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230004488


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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