BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20090020624
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 his records be corrected to show that he was promoted to the rank of sergeant/pay grade E-5 in April or May 2003.
2. The applicant states he was a good Soldier who never suffered any disciplinary actions. While in Iraq he attended the promotion board and "maxed out" every category. He goes on to state that orders came down 1 month later saying he had been promoted to sergeant, which was in April or May 2003. He further states he was a stellar Soldier who served in E-6 positions, he was injured in Iraq and remained there despite his injuries, and he deserves the promotion.
3. The applicant provides copies of:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* one page of a DA Form 3355 (Promotion Points Worksheet), dated 7 January 2003
* his college transcript
* his DA Form 705 (Army Physical Fitness Test Scorecard)
* his DA Form 3595-R (Record Fire Scorecard)
* five certificates ranging from achievement, awards, training, and participation
* an alert roster
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 in Raleigh, North Carolina, in pay grade E-4 on 26 April 2001 for a period of 3 years, training as an infantryman, assignment to the 82d Airborne Division, a cash enlistment bonus, and participation in the student loan repayment program.
3. He completed his training at Fort Benning, Georgia, and was transferred to Fort Bragg, North Carolina, for assignment to the 3d Battalion, 325th Infantry Battalion.
4. He deployed to Iraq from 14 February 2003 to 5 September 2003 and returned to Fort Bragg.
5. On 25 April 2004, he was honorably released from active duty in pay
grade E-4. He served 3 years of total active service.
6. A review of his records failed to show any indication the applicant had been integrated into the promotion standing list or that he was in a promotable status. Also, there are no orders in his official records promoting him to pay grade E-5.
7. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Human Resources Command Office of Promotions. Officials at the Enlisted Promotion Branch opine that the applicant submitted insufficient information with which to determine that he should have been promoted to pay grade E-5.
8. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was issued orders promoting him to the rank of sergeant in April or May 2003 is not in doubt, he failed to provide a copy of those orders or sufficient proof to show he was integrated on the promotion standing list and that he met the Department of the Army cut-off score for promotion.
2. Therefore, in the absence of evidence to establish he met the announced cut-off score for promotion and that he was deemed fully qualified for promotion at the time, there appears to be no basis to approve his request at this time.
3. It is also noted that the applicant claims he was promoted to the rank of sergeant in April or May 2003 while in Iraq. He did not depart Iraq until September 2003 and returned to Fort Bragg where he remained until he was released from active duty in pay grade E-4 in April 2004. His records do not contain an enlisted evaluation report showing he served in pay grade E-5. Additionally, he signed all of his separation documents that indicate he was serving in pay grade E-4.
4. 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 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20090020624
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020624
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080015476
IN THE CASE OF: BOARD DATE: 8 January 2009 DOCKET NUMBER: AR20080015476 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was separated in the rank of captain and to include his award of the Army Commendation Medal and a second Army Achievement Medal. Army Regulation 635-5 (Separation Documents) states that the rank and pay grade at time of separation from active duty is...
ARMY | BCMR | CY2007 | 20070004848
The applicant states, in effect, that he was selected for promotion to MAJ by the 2006 U.S. Army Reserve (USAR) Major Special Selection Board and advised by the Office of Promotions, Reserve Components, to submit an application to the Army Board for Correction of Military Records (ABCMR). The applicant provides copies of a Headquarters, USA HRC, Office of Promotions, Reserve Components, St. Louis, Missouri, memorandum, dated 22 September 2006; Headquarters, USA HRC, Office of Promotions,...
ARMY | BCMR | CY2007 | 20070010170
Headquarters, 3rd Battalion, 321st Field Artillery Regiment, Fort Bragg, North Carolina, Permanent Order Number 170-003, dated 6 May 2003, shows that the applicant was awarded the Army Achievement Medal for meritorious achievement while supporting the Special Forces Qualification Course during the period 2 May 2003 through 16 May 2003. The applicant submitted several Certificates of Achievement, Recognition, and Appreciation issued to him throughout his military service. The applicant...
ARMY | BCMR | CY2008 | 20080009343
The applicant requests that his records be corrected to show that he was promoted to the rank and pay grade of sergeant (SGT) E-5 on the date of his discharge. In the processing of this case a staff advisory opinion was obtained from the Human Resources Command St. Louis which opines, in effect, that based on the grade determination and the promotion orders which were determined to be valid, the applicants records should be corrected to reflect the rank of sergeant. Accordingly, he...
ARMY | BCMR | CY2008 | 20080009553
The applicant provides a copy of his mobilization orders, two DD Forms 214 (Certificate of Release or Discharge from Active Duty), his CO-ADOS request, his AIP request, electronic mail correspondence, a Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statement (LES), and excerpts from the Department of the Army Personnel Planning Guidance as evidence in support of this application. This correspondence shows, in effect, that the applicant informed the military pay...
ARMY | BCMR | CY2011 | 20110009953
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his military occupational specialties (MOS) and training. The applicant provides copies of his: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Diploma, Individual Infantry Training, dated 10 June 1983 * Diploma, Airborne Course, dated 14 July 1983 * Hazardous duty orders, dated 18 July 1983 * Diploma, Special Forces Qualification Course, dated 18...
ARMY | BCMR | CY2005 | 20050002179C070206
The applicant requests, in effect, that Item 4 (Grade, Rate, or Rank) of her 29 February 2004 separation document (DD Form 214) be corrected to show 1SG vice MSG. The records show that Orders Number 346-11, issued by the United States Total Army Personnel Command, dated 12 December 1997, promoted the applicant to Master Sergeant (MSG) with an effective date and date of rank of 1 January 1998. There is no evidence of record showing that the applicant held the rank of 1SG at the time of her...
ARMY | BCMR | CY2004 | 2004100780C070208
Jonathon K. Rost | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. This HRC promotion official states the applicant had not completed the PLDC requirement for promotion to SGT on 1 April 2003 and the promotion authority did not authorize his conditional promotion at that time. It further states that soldiers who have met a cut-off score and are otherwise qualified, but have not completed PLDC may be conditionally promoted...
ARMY | BCMR | CY2009 | 20090017886
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he deployed and served overseas on three separate occasions. As documentary evidence in support of this application, the applicant provides: a. two deployment orders; b. a NATO Travel Order; c. two DA Forms 638 (Recommendation for Award); d. two award certificates; e. a memorandum; f. a DD Form 214; and g. a DD Form 215 (Correction to DD Form 214). Therefore, the applicant is...
ARMY | BCMR | CY2008 | 20080014511
On 16 February 2008, the applicant was placed on the retired list. The applicant's records should be corrected to show he was promoted to SGT/E-5, effective 15 February 2008, and that he was placed on the retired list in the rank and grade of SGT/E-5 effective 16 February 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Orders 325-0269, Department of the Army, Headquarters, U.S. Army Garrison, Fort...