BOARD DATE: February 26, 2010
DOCKET NUMBER: AR20090011793
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of two Army Achievement Medals and his promotion to pay grade E-4.
2. The applicant states, in effect, that he should have received an Army Achievement Medal for completing 2 years of service and another for remodeling the barracks. He also states that after completing 2 years of service he should have received an automatic promotion to pay grade E-4.
3. In support of his application, the applicant provides a copy of his DD Form 214.
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 requests that his record be corrected to show two awards of the Army Achievement Medal. However, there are no orders or other evidence on file in his Official Military Personnel File that confirms award of these personal decorations. In the absence of authority for these awards, he may request award of the Army Achievement Medals under the provisions of Section 1130 of Title 10 of the U.S. Code. The applicant has been notified by separate correspondence of the procedures for applying for these awards under Section 1130 of Title 10 of the U.S. Code. As a result, the request for award of the Army Achievement Medals will not be discussed further in this Record of Proceedings.
3. The applicant's military records show that he enlisted in the Delayed Entry Program on 5 September 1991. He enlisted in the Regular Army in pay grade
E-1 on 30 December 1991. He completed training and was awarded military occupational specialty 91B (Medical Specialist). He was advanced to pay grade E-3 on 30 December 1992. This is the highest grade he satisfactorily held during his service.
4. The applicant was released from active duty in pay grade E-3 on 26 May 1994, at the completion of required active service, and transferred to a Reserve unit. Entries on his DD Form 214, Items 4a (Grade Rate or Rank) and 4b (Pay Grade), show PFC (private first class) and E-3.
5. The applicant's DA Form 2-1 (Personnel Qualification Record), Item 18 (Appointments and Reductions) lists his rank as private, pay grade E-1, effective 30 December 1991.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. Paragraph 1-3 specified that a DA Form 4187 (Personnel Action) would be initiated by the Soldiers commander to the next higher advancement authority requesting that the Soldier be advanced, with a waiver if applicable. If the next higher advancement authority approved the request, he or she would so indicate by 1st Endorsement and direct the Soldiers advancement, indicating the effective date. The DA Form 4187 and approved endorsement would be filed in the Soldiers Military Personnel Records Jacket. Paragraph 2-5 stated promotion to pay grade E-4 required 26-months time in service
(12 months could be waived) and 4-months time in grade. There is no automatic promotion/advancement to pay grade E-4.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that while serving in the Regular Army the applicant was advanced to pay grade E-3 on 30 December 1992, the highest grade he satisfactorily held during his period of service. There is no evidence to show he was ever recommended and approved for promotion to pay grade E-4 prior to separation on 26 May 1994. While he met the time in service requirement, there is no automatic promotion to pay grade E-4. He must have been recommended by his commander, and the recommendation must have been approved by the next higher advancement authority. He has provided insufficient evidence to show he was erroneously or unjustly denied promotion to pay grade E-4 during his period of Regular Army service. In view of the foregoing, there is no basis for granting the applicant's request.
2. 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.
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) AR20090011793
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