IN THE CASE OF:
BOARD DATE: 16 June 2009
DOCKET NUMBER: AR20090000720
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, a promotion to staff sergeant (SSG)/E-6.
2. The applicant states, in effect, that he was discharged from the Army as a sergeant (SGT)/E-5 when he should have been discharged as an SSG. He contends that in 1971, shortly after he was selected for promotion, his unit
(4th Battalion, 31st Infantry) in Vietnam was "stood down" and sent to Fort Sill, Oklahoma where his promotion was unfairly taken away from him. He indicates that based on his scores he was chosen for accelerated promotion and that his superiors in Vietnam felt that he deserved the promotion and selected him for it. He points out that upon his arrival at Fort Sill he was told that operations would not approve his promotion because he was not staying in the Army and they would give the E-6 slot to someone else who was staying on active duty.
3. The applicant provides a letter, dated 5 December 2008, from the National Personnel Records Center, St. Louis, Missouri; two Letters of Appreciation, dated 10 October 1971; orders for the Army Commendation Medal with "V" Device; a partial unit promotion standing list, dated 18 September 1971; and a copy of his DD Form 214 (Report of Transfer or Discharge) in support of his application.
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 2 September 1969 for a period of 3 years. He was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman) and served in this MOS in Vietnam from 13 November 1970 to 26 October 1971. On 6 March 1972, the applicant was released from active duty in the rank of SGT and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 5a (Grade, Rate or Rank) on the applicant's DD Form 214 shows the entry "SGT." Item 5b (Pay Grade) on his DD Form 214 shows the entry "E-5."
4. Item 33 (Appointments and Reductions) on the applicant's DA Form
20 (Enlisted Qualification Record) shows he was promoted to SGT, effective
2 June 1970.
5. In support of his claim, the applicant provided a partial unit promotion standing list, dated 18 September 1971, which indicates he was ranked number two on the list for MOS 11C and that he was recommended for accelerated promotion to E-6. He also provided a Letter of Appreciation, dated 10 October 1971, from his Command Sergeant Major which states, in pertinent part, "Your continued dedication and devotion to duty will undoubtedly be rewarded by elevation in position and promotion in the near future."
6. There is no evidence of record which shows the applicant met the announced Department of the Army monthly cutoff score for his MOS or was promoted to SSG prior to his release from active duty on 6 March 1972.
7. Paragraph 7-14 (Promotion against point cutoff scores) of Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, pertains to eligibility criteria for promotion of active Army members to grades E-5 and E-6 made against promotion point cutoff scores. Headquarters, Department of the Army will determine the needs of the Army by grade and MOS. Based on this need, the promotion point cutoff scores for primary and secondary zone promotions to grades E-5 and E-6 are announced authorizing commanders to promote the best qualified Soldiers Army wide in each MOS.
DISCUSSION AND CONCLUSIONS:
Although the applicant provided documentation which shows he was ranked number two in his MOS on a unit promotion standing list and he was recommended for accelerated promotion to E-6 on 18 September 1971, there is no evidence that he met the announced Department of the Army monthly cutoff score for his MOS or that he was promoted to SSG prior to his separation on
6 March 1972. Therefore, there is insufficient evidence on which to retroactively promote him to staff sergeant/E-6.
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) AR20090000720
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ABCMR Record of Proceedings (cont) AR20090000720
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