RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 February 2008
      DOCKET NUMBER:  AR20070014916


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. John G. Heck                  |     |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 his records be corrected to
show he was promoted to Staff Sergeant (SSG), E-6.

2.  The applicant states that he was promoted but pay was never received.

3.  The applicant provides a partial Enlisted Promotion List, dated 15 June
1967.

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.  After having had prior service in the U. S. Navy, the applicant
enlisted in the Regular Army on 20 January 1960.  He was honorably
discharged on 23 January 1962 and immediately reenlisted on 24 January 1962
for 6 years.

3.  The applicant was promoted to Specialist Five (SP5), E-5 on 16 April
1965.

4.  The applicant provided a partial Enlisted Promotion List, dated 15 June
1967, that announced personnel selected for promotion by the Tuy Hoa Sub
Area Command (Vietnam) Promotion Board.  The List noted that, except for
those instances where the command had no vacancy in a particular military
occupational specialty (MOS) and grade, promotions would be made by list
sequence.  This List shows the applicant was selected for promotion in MOS
55E.

5.  Orders dated 4 August 1967 reassigned the applicant to the States.  The
applicant’s rank and grade are listed as SP5, E-5 on the standard name
line.

6.  The applicant was honorably discharged on 23 January 1968.  His DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge) for
the period ending 23 January 1968 is not available.

7.  The applicant’s discharge orders, dated 17 January 1968, show his rank
and grade as SP5, E-5 in the standard name line.  On 23 January 1968, the
applicant completed a DA Form 3082-R (Statement of Medical Condition).  On
this form, he listed his rank as SP5.

8.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter
7 at the time, stated that individuals could be recommended for promotion
by the unit commander only against authorized position vacancies existing
or projected for a 2-month period within the command as announced by the
promoting authority.  An individual who was next line for promotion to fill
the vacancy and for whom a promotion quota was received would be promoted
by the losing commander up to the date of arrival at the new duty station
even though intransit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided evidence to show he was selected for promotion
to SSG by a promotion board; however, there is no evidence of record and he
provided none to show that that he was actually promoted against an
authorized vacancy after a promotion quota was received.

2.  The applicant’s August 1967 orders transferring him to the States
listed his rank as SP5.  His discharge orders listed his rank as SP5.
There is insufficient evidence to show he was promoted to SSG prior to his
discharge in January 1968.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lds___  __lmd___  __jgh___  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.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014916                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20080226                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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