RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 October 2006
DOCKET NUMBER: AR20060003570
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Beverly A. Young | |Analyst |
The following members, a quorum, were present:
| |Mr. Kenneth Wright | |Chairperson |
| |Mr. Thomas Ray | |Member |
| |Ms. Sherry Stone | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his records to show he
was promoted to sergeant major (SGM), E-9.
2. The applicant states, in effect, that his ratings were the highest,
“125” points, on all of his senior evaluation reports and he should have
been promoted.
3. The applicant provides no additional documents in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged injustice which
occurred on 31 May 1981. The application submitted in this case is dated 5
November 2005.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant was inducted into the Army on 28 May 1951 and continued
to serve on active duty through a series of reenlistments.
4. He was promoted to master sergeant (MSG), E-8 on 12 March 1973 in
primary military occupational specialty (PMOS) 82C (Field Artillery
Surveyor). He was awarded PMOS 13W around 1979.
5. The applicant retired on 1 June 1981 in the rank and grade of MSG, E-8.
6. Army Regulation 600-8-19 prescribes the enlisted promotions and
reductions function of the military personnel system. In pertinent part,
it states that centralized promotion boards (for promotion consideration to
grades E-7, E-8, and E-9) will select the best qualified Soldier in each
MOS for promotion. They will recommend a specified number of Soldiers by
MOS from zones of
consideration who are the best qualified to meet the needs of the Army.
The total number selected in each MOS is the projected number the Army
needs to maintain its authorized-by-grade strength at any given time.
DISCUSSION AND CONCLUSIONS:
1. Without being able to review all the records, MOS/authorized-by-grade
projections and special instructions that were available to the promotion
boards that considered the applicant, the Board cannot determine why he was
not selected for promotion. In the absence of evidence to show otherwise,
the Board concludes that the Soldiers who were recommended for promotion to
SGM were, in the promotion board’s considered opinion, the best qualified
in their MOS.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1981; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1984. The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
KW______ TR______ SS______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
Kenneth Wright________
CHAIRPERSON
INDEX
|CASE ID |AR20060003570 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061003 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |131.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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