IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230006574 APPLICANT REQUESTS: * correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 17 July 1991 to reflect promotion to the rank/grade of sergeant (SGT)/E-5 * pay and entitlements at the rank of SGT from promotion to separation date * a personal appearance before the Board via video or telephone 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 in pertinent part that she earned the rank of SGT during Operation Desert Storm. She contests that during this period, she was the most senior specialist (SPC)/E-4 with a multitude of promotion points. She notes that her personnel records were lost while she was deployed. All other service members within her career field were promoted to SGT, but her. She adds that after being discharged her DD Form 214 was corrected to reflect authorized awards and her promotion point status while deployed. She adds that she is a woman of color who refused the advances made by her supervisor while in service. Had she been promoted to SGT she would have outranked him. 3. A review of the applicant's available service records reflects the following: a. On 18 November 1987, the applicant enlisted in the Regular Army to serve as a 52D (Power Generation Equipment Repairer). b. On or about 1 November 1988, the applicant was advanced to the rank/grade of SPC/E-4. c. On 22 June 1990, the applicant graduated from the Primary Leadership Development Course. d. On or about 2 February 1991, the applicant was deployed to Saudi Arabia in support of Operation Desert Shield/Desert Storm. She remained in Saudi Arabia until on or about 16 April 1991. e. On 17 May 1991, the U.S. Army Intelligence Center and Fort Huachuca issued Orders Number 97-46 reassigning the applicant to the U.S. Army transition point pending separation. f. On 17 July 1991, the applicant was honorably released from active duty and transferred into the U.S. Army Reserve Control Group (Reinforcement). DD Form 214, item 4a./b. reflects "SPC/E4." g. On 29 January 1993, DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued reflective of the addition of the Southwest Asia Service Medal w/ 2 bronze service stars and the Kuwait Liberation Medal. Her service dates in support of Operation Desert Storm/Desert Shield were also added. 4. The applicant did not provide nor does review of her available service records reflect evidence of her service beyond the rank of SPC. 5. A review of the applicant's Personnel Qualification Record, prepared on 9 May 1991 reflects the applicant in a promotable status with a total of 621 promotion points. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, the Board determined her record is absent evidence that shows she was promoted to SGT/E-5 prior to her discharge. Based on regulatory guidance, promotion to SGT/E-5 are announced with official orders. The Board noted the applicant’s PQR, dated 9 May 1991 showing she was in a promotable status with 621 promotion points. However, there is insufficient evidence to show the applicant was actually promoted based on regulatory guidance. The Board agreed the request for relief has no merit as the available evidence does not support the applicant was ever promoted to the rank of sergeant. Therefore, the Board denied relief. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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) 600-8-19 (Enlisted Promotions and Reductions), Chapter 3 (Semi-centralized Promotions (SGT and SSG) in effect at the time provides that 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 to SGT and SSG are executed in a semi-centralized manner and made against monthly cutoff scores. A Soldier's promotion will be suspended when the promotion authority determines that a Soldiers promotion packet has been lost. a. To be eligible for promotion to SGT, service members must be a graduate of PLDC (effective 1 October 1989), be recommended by a promotion selection board, have 36 months' time in service, 8 months' time in grade. Promotable SPC, must obtain a minimum of 450 promotion points prior to being added to the recommended list. b. Soldiers in grades SPC and SGT on a recommended list will be promoted against the promotion point cutoff score announcement, using their recommended military specialty. Promotion orders will cite and this paragraph as authority for the promotion. 3. Title 10, USC, section 1552 states, the Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Paragraph 2-9 states 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. Additionally, it states in paragraph 2-11 that applicant's do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006574 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1