RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 January 2007
      DOCKET NUMBER:  AR20060008419


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Ms. Ernestine I Fields            |     |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, that the rank, pay grade, and date
of rank shown on his discharge document be corrected to show he was
promoted to E-7.

2.  The applicant states, in effect, that while serving on active duty in
the Army he was recommended for promotion to the next higher grade (E-7),
but never heard anything else about the promotion recommendation.  The
applicant also states, in effect, that if he was promoted to E-7, he would
like a copy of the promotion orders and his discharge document corrected.

3.  The applicant provides a copy of a DA Form 2496 (Disposition Form),
dated 15 August 1970, subject:  Recommendation for Promotion; DA Form 2496,
dated 25 November 1970, subject Recommendation for Promotion to Grade E-7;
and DD Form 214 (Certificate of Release or Discharge from Active Duty),
with an effective date of 30 September 1975.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 September 1975, the date he retired from active duty.  The
application submitted in this case is dated 2 June 2006.

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's military service records show that he was inducted into
the Army on 28 April 1943, served on active duty, and was honorably
discharged on 19 March 1946.  He transferred to the Army Reserve on 20
March 1946.  On
6 September 1946, the applicant enlisted in the Regular Army and served on
active duty until he was honorably discharged on 17 August 1949.

4.  The applicant's military service records further show that he enlisted
in the Regular Army on 20 July 1961.  Upon completion of basic combat
training and advanced individual training, he was awarded military
occupational specialty (MOS) 91B (Medical Specialist).  On 15 June 1966, he
was promoted to the rank of staff sergeant (SSG)/pay grade E-6.

5.  The applicant's military service records show that he was assigned as a
Medical Specialist Advisor, Advisory Team 39, II Corps Advisory Group, U.S.
Military Assistance Command, Vietnam, from 3 October 1967 to 30 October
1968.  The applicant continued to serve on active duty until he honorably
retired from active duty, on 30 September 1975, after completing 20 years
and 15 days of active service.

6.  The applicant's military service records contain a copy of his DA Form
20 (Enlisted Qualification Record).  This document shows, in pertinent
part, in
Item 2 (Grade) the entry "SSG" (i.e., Staff Sergeant) and in Item 3 (Date
of Rank) the entry "660615" (i.e., 15 June 1966).  Item 18 (Appointments
and Reductions) of this document shows that the applicant was promoted to
the rank of SSG/E-6, with a date of rank of 15 June 1966, per Headquarters,
Brooke Army Medical Center, Fort Sam Houston, Texas, Special Orders 119
(1966).

7.  The applicant's military service records contain a copy of
Headquarters, Brooke Army Medical Center, Fort Sam Houston, Texas, Special
Orders Number 119, dated 15 June 1966.  Paragraph 13 of this document
shows, in pertinent part, that the applicant was appointed to the rank of
staff sergeant/pay grade E-6. Paragraph 14 of this document also shows, in
pertinent part, that the applicant's primary MOS of 91B3O was withdrawn and
he was awarded primary MOS 91B4O.

8.  The applicant's military service records are absent any documentary
evidence that shows the applicant was promoted to the rank of sergeant
first class (E-7).

9.  The applicant's military service records contain a copy of
Headquarters, U.S. Army Military Personnel Center, Alexandria, Virginia,
letter, dated 19 September 1974, subject: Failure to Verify MOS (D______,
C_____ W., SSG ###-##-6538). This document shows, in pertinent part, that
based on the current needs of the service, reclassification of the
applicant's PMOS from 91B4O to 76Y4O (Armor/ Unit Supply Specialist) was
directed.

10.  The applicant's military service records contain a copy of
Headquarters, U.S. Army Military Personnel Center, Alexandria, Virginia,
letter, dated 22 November 1974, addressed to SSG C______ W. D______, USA,
###-##-6538.  This document shows, in pertinent part, that a Department of
the Army Promotion Selection Board reviewed the applicant's Official
Military Personnel File (OMPF) and determined that the applicant be barred
from reenlistment.  This document also shows, in pertinent part, that the
applicant was afforded service options and instructed, after deciding, to
return the Statement of Option to the Commander, U.S. Army Military
Personnel Center, Alexandria, Virginia.  The applicant's military service
records also contain a copy of the applicant's Statement of Option, dated
20 December 1974.  This document shows, in pertinent part, that the
applicant indicated he intended to complete his remaining term of
enlistment and retire on 30 September 1975.  This document further shows,
in pertinent part, that the applicant's name, rank (i.e., SSG), PMOS (i.e.,
76Y4), and Social Security Number were typed on the form and that the
applicant placed his signature directly above this information.

11.  The applicant's military service records contain a copy of a DA Form
2166-4 (Enlisted Efficiency Report) with the period of the report beginning
February 1975 and ending August 1975.  This document shows, in pertinent
part, the applicant's rank was staff sergeant, his date of rank was 15 June
1966, and his primary MOS was 76Y4O.  This document also shows, in
pertinent part, that the applicant placed his signature on the document
indicating he reviewed and received a copy of the report on 26 August 1975.

12.  The applicant's military service records contain a copy of a DA Form
2339 (Application for Voluntary Retirement), dated 6 August 1975.  This
document was prepared by the applicant at the time he requested retirement
from active duty.  This document shows in Section I (To Be Completed by All
Applicants), in pertinent part, that the applicant indicated that his
desired retirement date was
1 October 1975.  In Item 5 (Current Grade, Pay Grade, Date of Rank and MOS)
he entered "SSG/E-6  15 Jun 66  76Y4O" and in Item 6 (Highest Grade Served
on Active Duty and Branch of Service) he entered "SSG/E-6  Army."  The
reverse side of the DA Form 2339 shows that the applicant authenticated
this document twice with his signature; once at the end of Section I and a
second time in Section II (To Be Completed by Commander Having Custody of
Personnel Records), Item 18 (Remarks).

13.  The applicant's military service records contain a copy of a DD Form
214, with an effective date of 30 September 1975, that shows he was
honorably retired from active duty after completing 20 years and 15 days of
total active service.  Item 6a (Grade, Rate, or Rank) of this document
contains the entry "SSG", Item 6b (Pay Grade) contains the entry "E-6", and
Item 7 (Date of Rank) contains the entry "66 06 15" (i.e., 15 June 1966).
The applicant authenticated the discharge document with his signature in
Item 29 (Signature of Member Being Separated).

14.  In support of his application, the applicant provides 2 DA Forms 2496
and a copy of his DD Form 214, with an effective date of 30 September 1975.
 The
DA Form 2496, dated 15 August 1970, shows, in pertinent part, that the
captain serving as Flight Surgeon, Office of the Flight Surgeon, Dispensary
# 10, Goodfellow Army Air Field, West Fort Hood, Texas, submitted a
recommendation for promotion of the applicant, to be promoted to the next
higher grade of sergeant first class (E-7).  This document also contains
the signature block and signature of the staff sergeant who was the
noncommissioned officer in charge.  The document was addressed to the
Commanding Officer, Medical Company, Darnall Army Community Hospital, Fort
Hood, Texas.  The DA Form 2496, dated 25 November 1970, shows, in pertinent
part, that the captain serving as Flight Surgeon, Office of the Flight
Surgeon, Dispensary # 10, Goodfellow Army Air Field, West Fort Hood, Texas,
submitted a second recommendation for promotion of the applicant, to be
promoted to the next higher grade of sergeant first class (E-7).  This
document also shows at the bottom portion of the narrative text the typed
entry "RECOMMEND (emphasis added):  Approval."  The document was addressed
through the Commanding Officer, U.S. Darnall Army Community Hospital, Fort
Hood, Texas, to the Chief, Personnel Operations, Washington, District of
Columbia.

15.  Army Regulation 600-200 (Enlisted Personnel Management System),
Chapter 7 (Promotion and Reduction), in effect at the time, prescribes the
policies and procedures governing promotion, reduction, and lateral
appointment of all enlisted personnel on active duty, other than active
duty for training.  Paragraph 7-2 (Authority to promote) states, in
pertinent part, that the promotion authority for assigned personnel for
promotion to pay grades E-7, E-8, and E-9 is delegated to commanders of
organizations authorized a commander in grade of colonel or higher.  For
separate detachments, companies, or battalions, the promotion authority
will be retained at the next senior headquarters within the chain of
command which is authorized a commander in grade colonel or higher.

16.  Paragraph 7-3 (Orders) of Army Regulation 600-200 states, in pertinent
part, that temporary promotion of enlisted personnel to all grades above E-
3, permanent promotions, lateral appointments, and grade reductions will be
announced in orders.

17.  Army Regulation 635-5 (Separation Documents), in effect at the time,
prescribed the separation documents that must be prepared for Soldiers on
retirement, discharge, release from active duty service, or control of the
Active Army.  It also established standardized policy for preparing and
distributing the DD Form 214.  Chapter 2 contains the guidance on the
preparation of the
DD Form 214.  It states, in pertinent part, that the source documents for
entering information on the DD Form 214 will be the Enlisted/Officer
Qualification Record or any other document authorized for filing in the
Military Personnel Records Jacket (MPRJ) or Official Military Personnel
File (OMPF).

18.  Paragraph 2-7 (Preparation instructions) of Army Regulation 635-5
provides item-by-item instructions for completing the DD Form 214.  The
instructions for Item 6a (Grade, Rate or Rank) and Item 6b (Pay Grade) are
to enter the grade and pay grade at the time of separation.  The
instructions for Item 7 (Date of Rank) are to enter the date of rank for
the grade shown in Item 6a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the rank, pay grade, and date
of rank shown on his discharge document should be corrected because he was
recommended for promotion to E-7, but never received official notification
concerning the status of the promotion recommendation.  He also contends,
in effect, that he should be provided a copy of the promotion orders.

2.  The evidence of record shows that the applicant was promoted to the
rank of staff sergeant (E-6) on 15 June 1966.  The evidence of record also
shows that the applicant's military service records continually show his
rank as staff sergeant (E-6) from 15 June 1966 through the date he retired
from active duty on
30 September 1975.  The evidence of record further shows that throughout
this period, the applicant consistently indicated and authenticated
documents showing his rank was staff sergeant (E-6) and date of rank was 15
June 1966.

3.  During the period under review, by regulation, the authority for
promotion of an enlisted Soldier to the rank of sergeant first class (E-7)
was delegated to commanders of organizations authorized a commander in the
grade of colonel or higher.  For separate detachments, companies, or
battalions, the promotion authority was retained at the next senior
headquarters within the chain of command which was authorized a commander
in grade colonel or higher.

4.  The evidence of record shows that the applicant was twice recommended
for promotion to the rank of sergeant first class (E-7) in 1970 by a
captain who presumably was the applicant's immediate supervisor at the time
he was assigned to Darnall Army Community Hospital, Fort Hood, Texas.  The
second promotion recommendation, in pertinent part, claims that the
applicant went before a local promotion board in October 1968 while serving
in Vietnam, but departed before learning the results of the board.  The
document also indicates "Recommend:  Approval" (emphasis added) and is
addressed (through and then) to the next senior headquarters (i.e., Chief,
Personnel Operations, Washington, DC), presumably the applicant's promotion
authority at the time.

5.  The applicant's military service records are absent any evidence that
the applicant appeared before a local promotion board in Vietnam and was
recommended for promotion to sergeant first class (E-7).  There is no
evidence of record to show that the applicant was promoted to the rank of
sergeant first class (E-7) and the applicant provides insufficient evidence
to show that he was promoted to the rank of sergeant first class (E-7).
Absent any evidence of record showing the applicant was promoted to the
rank of sergeant first class/pay grade E-7, subsequent to 15 June 1966 and
prior to the date he retired from active duty, there is an insufficient
evidentiary basis to provide the requested relief.

6.  The evidence of record shows that the applicant authenticated his DD
Form 214 with his signature on the date he retired from active duty.  In
effect, this was his verification that the information contained on the
discharge document, to include the information in Item 6a, Item 6b, and
Item 7, was correct at the time the document was prepared and issued.
Therefore, the applicant is not entitled to correction of his records.

7.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1975; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
29 September 1978.  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

__KLR___  ___LWR_  ___EIF__  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 L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008419                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19750930                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 12 & 10 USC, 3914   |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |129.0400.0000                           |
|2.                      |131.0500.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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