RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2007
DOCKET NUMBER: AR20060011168
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Scott W. Faught
Member
Mr. Roland S. Venable
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 reconsideration of his request for retired pay and benefits.
2. The applicant states, in effect, that he was on the promotion standing list to staff sergeant and should have been promoted in March 1997.
3. The applicant provides copies of support letters from his former first sergeant and command sergeant major; and a "reconstructed" promotion packet.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050008771, on 16 February 2006.
2. On 23 July 2006, the applicant's former First Sergeant, Company C, 32nd Signal Battalion, authored a letter stating that the applicant appeared before a promotion board for staff sergeant in April 1991, and was recommended for promotion. It further states that he was placed on the recommended list with a score of approximately 176 decentralized promotion board points.
3. The former Command Sergeant Major, 82nd Signal Battalion, 82nd Airborne Division, authored a letter, undated, stating that the applicant appeared before the promotion board in March 1995. It further states that the promotion board was very impressed with the applicant and awarded him 199 points for his appearance. The command sergeant major said that the applicant was transferred to McDill Air Force Base in April 1995.
4. The applicant "reconstructed" a promotion packet with support documents showing that he had earned 728 promotion points as of March 1997. This packet also includes a copy of the promotion cutoff scores for the period from February 1997 through December 1998. It shows that the cutoff score for March 1997 was 726 points.
5. There is no available evidence showing that the applicant was actually on a valid promotion recommended list on or after March 1997, and had maintained eligibility for promotion.
DISCUSSION AND CONCLUSIONS:
1. The letters of support from the applicant's former first sergeant and command sergeant major convincingly substantiate that he appeared before the promotion board to staff sergeant, was recommended for promotion and was placed on a promotion standing list. However, these letters only relate to what happened in 1991 and 1995. There is no evidence that the applicant was still on a promotion recommended list during the period from March 1997 to his discharge on 19 July 1998.
2. The applicant's "reconstructed" promotion packet is suggestive, but not compelling. While it shows that he probably had enough administrative points to achieve the cutoff score, there is no evidence showing that he was still on a viable promotion standing list in his current unit during March 1997.
3. In view of the above, the applicant's request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEA___ __RSV__ _RSV ___ 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 to amend the decision of the ABCMR set forth in Docket Number AR20050008771, dated 16 February 2006.
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060011168
SUFFIX
RECON
DATE BOARDED
20070306
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
131.0000
2.
3.
4.
5.
6.
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