IN THE CASE OF:
BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090005194
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 record be corrected to show he was separated in the rank of sergeant (SGT)/pay grade E-5.
2. The applicant states that he went before the promotion board and he was promoted to E-5 but he was separated before he received orders for the promotion.
3. The applicant provides no supporting documentation.
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 served on active duty from 15 May 1970 through 24 January 1972. He was advanced to pay grade E-4 on 7 April 1971.
3. The available record contains no evidence that the applicant was considered for or selected for promotion to pay grade E-5 and there are no promotion orders in the available record.
4. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, provided that a Soldier must have served 8 months as an E-4 and completed 36 months of service for promotion consideration to pay grade E-5 in the primary zone or 24 months for consideration in the secondary zone.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was selected for and promoted to pay grade E-5 but he was released from active duty before his orders were published.
2. The available record does not contain any evidence that shows the applicant was eligible for promotion consideration, or that he was selected for promotion to pay grade E-5 or that orders were ever published for this promotion.
3. 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 evidence 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 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) AR20090005194
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ABCMR Record of Proceedings (cont) AR20090005194
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