IN THE CASE OF:
BOARD DATE: 02 December 2008
DOCKET NUMBER: AR20080005778
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his military records be corrected to show that he was promoted from specialist (SPC)/E-4 to sergeant (SGT)/E-5.
2. The applicant states, in effect, that he was qualified for promotion to SGT/ E-5 because he had time in grade. He also states that promotion from SPC/E-4 to SGT/E-5 is at 12 months time in grade, and that he had been a SPC/E-4 for 18 months. He further states that he served in combat and was awarded the Combat Infantryman Badge.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his discharge on 17 December 2005 which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, and a DA Form 4187 (Personnel Action), dated 6 June 2006, which promoted him to SPC/E-4 effective 6 June 2004 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he served on active duty in the United States Naval Reserve from 3 October 1984 to 25 August 1987. He was honorably released from active duty and was transferred to the Naval Reserve Personnel Center, New Orleans, Louisiana to complete his military service obligation, which ended on 2 August 1992. On 31 October 2002, he again enlisted in the United States Naval Reserve for a period of 3 years. However, on 21 May 2003, he enlisted in the New York Army National Guard for a period of
3 years. On 15 May 2004, he was ordered to active duty in support of Operation Iraqi Freedom. He was promoted from private first class/E-3 to SPC/E-4 effective 6 June 2004. He served in Iraq from 28 October 2004 to 30 July 2005, and he was awarded the Combat Infantryman Badge. On 17 December 2005, he was honorably discharged.
2. The applicant requested that his military records be corrected to show he was promoted from SPC/E-4 to SGT/E-5. However, there is no evidence in the applicant's military records which show he was recommended for promotion to SGT, that he appeared before a promotion board, that promotion board proceedings were approved by the promotion authority, and that he was placed on a promotion standing list for promotion to SGT and met a promotion point cutoff score.
3. The applicant stated that he was qualified for promotion to SGT/E-5 because he had the time in grade. He also stated that promotion from SPC/E-4 to SGT/
E-5 is 12 months time in grade, and that he had been a SPC/E-4 for 18 months. He further stated that he also served in combat, and was awarded the Combat Infantryman Badge.
4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show that he was promoted from SPC/E-4 to SGT/E-5.
2. While the applicant contends that promotion from SPC/E-4 to SGT/E-5 is at 12 months time in grade, there is no provision for automatically promoting a Soldier from SPC/E-4 to SGT/E-5 at 12 months time in grade, or after attaining any amount of time in grade or service. Additionally, the fact that the applicant served in combat is commendable; however, combat service does not convey entitlement to promotion.
3. While the sincerity of the applicant's claim that he should have been promoted from SPC/E-4 to SGT/E-5 is not questioned, there is no evidence in the applicant's military records, and that applicant failed to provide any evidence which shows that he was recommended for promotion to SGT, that he appeared before a promotion board, that promotion board proceedings were approved by the promotion authority, and that he was placed on a promotion standing list for promotion to SGT and met a promotion point cutoff score. In view of the foregoing, there is no basis for correcting his military records to show that he was promoted from SPC/E-4 to SGT/E-5.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ __X______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during Operation Iraqi Freedom. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ XXX _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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