IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080018192
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 that orders be republished to show she was promoted from specialist (SPC), E-4 to sergeant (SGT), E-5.
2. The applicant states that her unit recognized her as a Soldier to be promoted by requesting promotion orders for her per memorandum, dated 15 August 1988.
3. The applicant provides a memorandum, dated 15 August 1988; a statement identifying her supervisor at the time in question; congressional correspondence; a letter from the Veterans Support Branch; her email, dated 4 April 2008; her NGB Form 22 (National Guard Bureau Report of Separation and Record of Service); and her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 14 November 1978. At the completion of basic training and advanced individual training, she was awarded military occupational specialty (MOS) 76Y (unit supplyman). She was later reclassified into MOS 91B (medical specialist).
3. The applicant was released from active duty on 13 November 1981 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on the following date. On 27 November 1981, she was assigned to the 18th Field Hospital, Norfolk, VA.
4. Headquarters, 18th Field Hospital, Norfolk, VA, Orders 4-1, dated 16 September 1985, show the applicant was promoted to specialist four (SP4) with an effective date and date of rank of 16 September 1985.
5. In a 15 August 1988 memorandum, the Assistant Adjutant at the 18th Field Hospital requested that orders be published to promote the applicant to grade SGT, E-5. The memorandum indicated the applicant was on the 97th ARCOM [Army Reserve Command] Promotion List, dated 1 August 1988.
6. Headquarters, First U.S. Army and Fort Meade, MD, Orders 134-1, dated 31 July 1989, discharged the applicant from the USAR effective 23 August 1989. These orders show her rank as SPC.
7. There are no orders which show the applicant was promoted to SGT prior to her discharge from the USAR.
8. The applicant enlisted in the Army National Guard on 15 January 1994 in pay grade E-4.
9. Departments of the Army and Air Force, Office of the Adjutant General of Virginia National Guard, Orders 137-080, dated 17 May 1999, discharged the applicant from the Army National Guard effective 20 May 1999 under the provisions of National Guard Regulation 600-200, paragraph 8-26j(1), by reason of being medically unfit for retention. Her rank is shown as "SPC" on the standard name line.
10. Her NGB Form 22 shows her rank and pay grade as "SPC" and "E-4."
11. The 15 April 2008 letter from the Veterans Support Branch stated that a copy of an order promoting the applicant to SGT, E-5 was not found in her military personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her unit recognized her as a Soldier to be promoted by requesting promotion orders for her per memorandum, dated 15 August 1988, was considered. Her service personnel records do not contain orders which show she was promoted to SGT. The fact that she was recommended for promotion is not evidence she was actually promoted nor does it serve as a basis to promote her now.
2. The applicant was promoted to SP4 on 16 September 1985.
3. Although the 15 August 1988 memorandum requested that orders be published to promote the applicant to SGT, E-5, there is no evidence she was ever promoted. There are no pay records available, and she did not provide any, to show she was paid E-5 pay. Documents in her service personnel records subsequent to the date of this memorandum reflect her rank as SPC.
4. Therefore, there is insufficient evidence on which to issue the applicant promotion orders to show her rank and pay grade as SGT, E-5.
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 for correction of the records of the individual concerned.
_______ _ 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) AR20080018192
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ABCMR Record of Proceedings (cont) AR20080018192
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