RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 September 2007
DOCKET NUMBER: AR20070003582
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.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Frank C. Jones II
Member
Ms. Carmen Duncan
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 application to correct his records to show he was promoted to sergeant first class/pay grade E-7.
2. The applicant states, in effect, that he saw his name on the Fiscal Year 1993 E-7 Promotion Consideration List. He states, in effect, that he might be sick but he is not a fool. His first sergeant did not investigate the list but he saw his name with his own eyes. He states that he did not sign a DA Form 2339 (Application for Voluntary Retirement) on 14 January 1993.
3. The applicant does not provide any additional documentation.
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 AR20050007781, on 22 February 2006.
2. In the original decision the ABCMR found that the applicant's name was removed from the sergeant first class promotion list because he was undergoing a Physical Evaluation Board and he also submitted a request for voluntary retirement which was approved prior to the Promotion's Board convening date. Therefore, his name was appropriately placed on the retired list in the grade of staff sergeant/pay grade E-6.
3. While the applicant has not provided any new evidence, he does provide new argument which requires that his case be reconsidered by the ABCMR.
4. The applicant's name does appear on the sergeant first class Promotion Consideration List. However, the applicant was not selected for promotion to sergeant first class/pay grade E-7.
5. Item 30 (Statement of Understanding) of the applicant's DA Form
2339, shows that the applicant did sign the application for voluntary retirement on 14 January 1993, which was prior to the convening date of the promotion selection board. The board convened on 20 January 1993.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) governs the enlisted promotions and reductions function of the military personnel system. Chapter 4 provides the rules and steps for managing the Centralized Promotion System to sergeant first class, master sergeant, and sergeant major. Paragraph 4-16 states, in part, that Human Resources Command Alexandria will delete, without further board action, the name of any Soldier from the recommended list who has an approved retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he was promoted to sergeant first class/pay grade E-7.
2. The evidence shows that the applicant was considered by the Fiscal year 1993 sergeant first class Promotion Board. However, the applicant was not considered for or selected for promotion to sergeant first class/pay grade E-7. Therefore, he is not entitled to correction of his records to show he retired as a sergeant first class/pay grade E-7.
3. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____lds__ ___fcj___ ____cd__ 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 AR20050007781, dated 22 February 2006.
________Linda D. Simmons_________
CHAIRPERSON
INDEX
CASE ID
AR20070003582
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070906
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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