IN THE CASE OF:	  

		BOARD DATE:	    29 June 2010

		DOCKET NUMBER:  AR20090019998 


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 record to show he was promoted to staff sergeant (SSG)/E-6 in May 1973 and consideration for any subsequent promotions he may have been eligible for based on the corrected date of promotion to SSG/E-6.

2.  The applicant states his promotions did not occur as they should have.

	a.  He was selected for promotion in August 1972 while serving in Vietnam, but in September or October of that year promotions were frozen.  He returned to the United States in October 1972 and was assigned to the U.S. Army Security Agency Personnel Procurement and Processing (USASA PP&P) Detachment at Fort Dix for duty as an Army Security Agency Field Representative (Recruiting).  His detachment commander informed him he had no way to convene a promotion board and could not promote him without one.  He requested to be relieved from his assignment and to attend Communication Security Specialist School to be trained in military occupational specialty (MOS) 05G (Signal Security Specialist).

	b.  In 1978, while attending an MOS advanced course at Fort Devens, he learned from another Soldier that a message had announced the freeze on promotions was lifted in May 1973 and that everyone on the promotion list was promoted effective that month.  His Personnel Branch Manager informed him he should have been promoted to SSG/E-6 in May 1973.  He was also informed he would have met the criteria for promotion to sergeant first class (SFC)/E-7 in 1975 and master sergeant (MSG)/E-8 in 1977.  The school he was assigned to at the time he received this information could not promote him, but he was told his unit would be informed so the matter could be resolved upon his return.

	c.  His unit informed him the promotion would not occur, his date of rank for SSG/E-6 could not be adjusted to May 1973, and since he had retrained into a different MOS, he could only be promoted in his current primary MOS.  He was later told to contact the unit that had recommended him for promotion in 1972, but the unit had been disbanded upon its return from Vietnam.

	d.  Correcting his promotions will raise other questions.  Had he been promoted to MSG/E-8 in 1977, he would have been eligible for promotion to sergeant major/E-9 in 1985.

3.  The applicant provides copies of the following documents:

* a recommendation for promotion, dated 26 May 1972
* a memorandum from Headquarters, 175th Radio Research Field Station, dated 19 August 1972, announcing a recommended list for promotion to grade E-6
* a memorandum pertaining to his military personnel records jacket (MPRJ), dated 23 March 1973
* Headquarters, 2d Armored Division, Orders 58-20, dated 27 February 1978, promoting the applicant to SSG/E-6
* Headquarters, 2d Armored Division, Travel Orders 2-44, dated 16 February 1978, ordering him to proceed to the U.S. Army Intelligence School at Fort Devens
* Headquarters, Fort Devens, Orders 54-1, dated 22 March 1978, attaching him to Company C, 1st Battalion, U.S. Army Intelligence School Brigade

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 applicant's 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 applicant's 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 March 1964 and was trained in and awarded MOS 710 (Clerk).  He was honorably discharged on 4 March 1969.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him at the time of his discharge in 1969 shows he held the rank/grade of specialist five (SP5)/E-5.  He enlisted again in the Regular Army on 22 July 1970 as a SP5/E-5 and continued serving on active duty until his retirement in 1985.

3.  A DA Form 20 (Enlisted Qualification Record) shows the applicant served in MOS 71L (Administrative Specialist) during the period 6 November 1971 to 4 September 1972 while assigned to the 175th Radio Research Field Station.  Beginning 11 October 1972, the applicant served in MOS 75C (Personnel Management Specialist) upon assignment to the USASA PP&P Detachment at Fort Dix with duty at the Armed Forces Examining and Entrance Station in Newark, NJ.  MOS 75C was made his primary MOS on 8 May 1973.

4.  The applicant provides two memoranda, dated 26 May 1972 and 19 August 1972, from the 175th Radio Research Field Station showing he was recommended for promotion to SSG/E-6 and placed on a recommended list for promotion in MOS 71L.

5.  The record is void of documentation showing the applicant was placed on a recommended list for promotion while assigned to the USASA PP&P Detachment.

6.  Orders 58-20, Headquarters, 2d Armored Division, dated 27 February 1978, promoted the applicant to SSG/E-6 in MOS 05G effective 1 March 1978 with a date of rank of 8 February 1978.

7.  Order Number 85-47, U.S. Army Military Personnel Center (MILPERCEN), dated 25 June 1984, promoted the applicant to SFC/E-7 in MOS 05G effective 1 August 1984 with a date of rank of 9 July 1984.

8.  The applicant's record includes a memorandum from the Chief, Appeals and Separations Branch, MILPERCEN, dated 2 October 1984, showing he submitted a request for withdrawal of his approved retirement after announcement of his promotion to SFC/E-7 was published.  His request was disapproved, his name was removed from the selection list, and his promotion was canceled.

9.  On 30 June 1985, the applicant was separated for length of service and transferred to the Retired List as an SSG/E-6.

10.  Chapter 7 of Army Regulation 600-200 (Enlisted Personnel Management System), which governed the promotion and reduction of enlisted personnel at the time, stated promotions were made against periodic promotion quota allocations and promotion point cut-off scores for each MOS as announced by Headquarters, Department of the Army (HQDA).  If an individual was next in line for promotion and met the E-6 promotion point cut-off score announced by HQDA but had already departed the command recommending promotion, the individual was to be promoted by the losing commander up to the reporting date specified in assignment orders to the gaining unit.  Individuals who were not promoted prior to their reporting date to the gaining unit were to be integrated into the current recommended list of the gaining command.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show he was promoted to SSG/E-6 in May 1973.

2.  The applicant states in September or October 1972 promotions were frozen and that the freeze on promotions was lifted in May 1973.  The available evidence does not show the applicant was affected by a freeze on promotions, which would have been announced in a message from HQDA.  The applicant cites an unspecified message that lifted the freeze.  The evidence of record does not include this document and the applicant has not provided a copy.

3.  Although the applicant was placed on a recommended list for promotion to SSG/E-6 in 1972, there is no evidence to show he met the promotion point cut-off score for the MOS 71L, which he held at the time.

4.  The evidence of record shows that while he was assigned to the USASA PP&P Detachment his primary MOS was 75C.  This is the MOS in which he would have been considered for promotion while assigned to the USASA PP&P Detachment.  Although the applicant states his detachment commander informed him he had no way to convene a promotion board and could not promote him without one, there is no evidence in his military records and the applicant has not provided evidence indicating there were any irregularities in the promotion process within the USASA PP&P Detachment.

5.  The applicant was promoted to SSG/E-6 in MOS 05G on 1 March 1978.  In the absence of evidence showing he was entitled to promotion prior to this date, the applicant is not entitled to correction of his record to show he was promoted to SSG/E-6 in May 1973 or consideration for any subsequent promotions that may have resulted from being promoted earlier.

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)                                         AR20090019998



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ABCMR Record of Proceedings (cont)                                         AR20090019998



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