IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100026579 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show he was promoted in 1996 to sergeant first class, pay grade E-7.

2.  The applicant states he met the time in grade and time in service requirements for promotion and passed his proficiency tests.  He was also scheduled to attend the Primary Leadership Development Course (PLDC), but he was dropped from the list.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 21 April 1971; DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 14 March 1980; Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter), dated 14 August 1996; Memorandum for award of the Army Reserve Components Achievement Medal, dated 18 August 1996; Orders 351-036, dated 17 December 1997, assigning him to the Retired Reserve; and ARPC Form 
249-2-E, Chronological Statement of Retirement Points, dated 4 August 1998.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 15 March 1977, the applicant enlisted in the Regular Army as a prior service Soldier.  

3.  Orders 104-4, 1st Corps Support Command, dated 31 May 1978, promoted the applicant to the rank of staff sergeant, pay grade E-6, effective 1 June 1978 with a date of rank of 12 May 1978.

4.  On 14 March 1980, the applicant was released from active duty and transferred as a staff sergeant to the 505th Army Security Agency (ASA) Company, U.S. Army Reserve (USAR), located at Fort Devens, MA.  He had completed a total of 11 years and 2 days of creditable active service.

5.  The applicant's ARPC Form 249-2-E indicates he remained in the USAR until he was transferred to the Retired Reserve in the rank of staff sergeant, pay grade E-6 on 18 December 1997.

6.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) as then in effect, prescribed policies and procedures pertaining to the promotion of enlisted Soldiers in the USAR.  The eligibility criteria for promotion to sergeant first class, pay grade E-7 required Soldiers to be:

* A member of the USAR
* In a promotable status
* A high school graduate
* Fully qualified in their military occupational specialties (MOS)
* Meet physical demands rating and physical profiles prescribed for their MOS
* Be in the next lower pay grade (E-6) for 21 months
* Be assigned to a position authorized the grade of E-7
* Be a graduate of the Basic Noncommissioned Officer Course (BNOC)
* Have a minimum of 9 years time in service (secondary zone)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show he was promoted to sergeant first class, pay grade E-7, in 1996, because he met the time in grade and time in service requirements for promotion and passed his proficiency tests.

2.  The available evidence is insufficient to determine if the applicant met all of the requirements for promotion to sergeant first class which included more than just meeting established time in service/grade and military education.

3.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________X___________
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20100026579



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ABCMR Record of Proceedings (cont)                                         AR20100026579



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