IN THE CASE OF:	

	BOARD DATE:	18 December 2008

	DOCKET NUMBER:  AR20080015412


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, reconsideration of his earlier request that he be promoted to the rank and pay grade of sergeant/E-5 (SGT).

2.  The applicant states, in effect, that he completed the 25th Infantry Division’s
Combat Leaders Course on 9 September 1967, and that upon returning to his unit he was verbally informed that he would be promoted to SGT.  He also indicates that this course was a requirement for promotion to SGT and asks if the records of those Soldiers who completed this course with him could be checked to ascertain if they were promoted during that same time frame.

3.  The applicant provides a self authored statement; page 6 of his Army Board for Correction of Military Records (ABCMR) Record of Proceedings AR20070005868; and page 1 of a letter, Headquarters, 25th Infantry Division, dated 9 September 1967, as new evidence in support of this reconsideration request.

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 ABCMR in Docket Number AR20070005868 on 23 August 2007.


2.  During its original review, the Board determined that there was no evidence to show he had ever been promoted to SGT/E-5 and as a result determined his request to be promoted should not be granted. 

3.  The applicant provides page 1 of a letter, Headquarters, 25th Infantry Division, dated 9 September 1967, subject:  Graduates of Combat Leaders Course 13-67, and the new argument that completion of this course was a prerequisite for promotion as new evidence supporting his request for reconsideration.  This document, which was included in his original application to the Board, provides a list of 23 Soldier’s names, ranging in rank from private first class (PFC) to SGT, who completed this course.  The applicant’s name is included in this list; however, there is no information included with this letter that indicates any promotions were connected to completion of this course.  

4.  The applicant’s military record shows that he was inducted into the Army of the United States and entered active duty on 11 August 1966.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in Item 33 (Appointments and Reductions), that he was promoted to the rank and grade of SP4/E-4 on 23 May 1967, and this is highest grade he attained while serving on active duty.  His record is void of orders or other documents showing he was ever recommended for promotion to SGT/E-5 by any of his unit commanders, or by a unit or centralized promotion selection board.  

6.  On 23 May 1968, a Data for Retired Pay (AGPZ Form 977) was completed on the applicant.  Item 7 (Highest Grade Attained) of this document contains the entry “SP4/E-4.”

7.  On 31 May 1968, the applicant was honorably released from active duty (REFRAD) for the purpose of “Retirement Temporary Disability.”  The separation document (DD Form 214) he was issued at the time contains the entry “SP4” in Item 5a (Grade, Rate of Rank) and the entry “E-4” in Item 5b (Pay Grade).  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.   


8.  Army Regulation 600-200 (Enlisted Personnel Management) contained the Army’s policy for enlisted promotions in effect at the time of the applicant's service.  Chapter 7 contained the Army's enlisted promotion policy.  It authorized promotions to pay grades E-4 and E-5 based on periodic quotas provided to commands.  In most cases, the order of merit for these promotions was established through the use of local promotion selection boards, and promotions had to be authorized by the proper promotion authority, which at the time for E-5 were field grade commanders.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his military record should be corrected to show he was promoted to SGT has been carefully considered.  However, there is insufficient evidence to support granting the requested relief.  

2.  The applicant is also advised that the Board is not an investigative body and judges each case on its own merits based on the evidence of record and the independent evidence presented with the application.  The promotion or progression of members on the list that the applicant provided demonstrates no evidentiary support for his promotion to SGT/E-5.  His promotion would have been based solely on the Army’s regulatory promotion policy and eligibility criteria in effect at the time. 

3.  The available evidence confirms the highest rank and pay grade attained by the applicant during his active duty service was SP4/E-4.  Further, his record is void of any orders or other documents that indicate he was ever recommended for promotion to SGT/E-5 by any of his commanders, or by a unit promotion selection board, which was the method of promotion selection in effect at the time he served.  As a result, absent any evidence of record indicating he was on a promotion standing list at the time of his temporary disability retirement, there is an insufficient evidentiary basis to support granting the requested relief. 

4.  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 new evidence not previously considered by the Board during its original deliberations that would satisfy this requirement.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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 AR20070005868 dated 23 August 2007.




      ______x_________
       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.


ABCMR Record of Proceedings (cont)                                         AR20080015412



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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