IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000563 


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 his pay be adjusted for the years his date of rank (DOR) to staff sergeant (SSG) was incorrect.  

2.  The applicant states the following:

* He was promoted to sergeant first class (SFC) (he probably meant SSG) on 23 April 1987 with a DOR of 4 September 1983
* His promotion was delayed by 4 years due to an administrative error
* He missed out on additional pay, benefits, and further promotion
* He had a stroke in 1995 and he was unable to address these issues earlier

3.  The applicant provides the following documents:

* Orders 96-2, dated 23 April 1987
* Certificate of Promotion, dated 23 April 1987
* Self-authored statement
* Letter addressed to the President and First Lady
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Award certificate for the Meritorious Service Medal
* Transcript from Georgia Military College
* DA Form 2166-7 (Noncommissioned Officer Evaluation Report)
* Personnel Evaluation Report


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 25 July 1973 and continued to serve through a series of reenlistments.

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he was promoted to sergeant on 12 October 1977 and he completed a basic leadership course in 1977.  

4.  Orders 96-2 published on 23 April 1987 show the applicant was promoted to SSG with an effective date of 23 April 1987 and DOR of 4 September 1983.  The additional instructions on these orders stated “Soldier may apply to the ABCMR for correction of effective date and pay and allowances from 23 April 1987 to 
1 October 1983.  DD Form 149 should be utilized.”   His Certificate of Promotion shows he was promoted to SSG on 23 April 1987.  

5.  In a 7 October 1987 memorandum, the Chief, Records Services Division informed the applicant that his records were corrected by the ABCMR under the provisions of Title 10, U.S. Code, Section 1552 to show he was promoted to SSG, E-6 effective 1 October 1983.  The applicant was informed the U.S. Army Finance and Accounting Center, Fort Benjamin Harrison, Indiana had been advised of this determination and would contact him if any adjustment of pay and allowances were due.  

6.  His DA Form 2-1 shows he completed the advanced noncommissioned officer course in 1988.   

7.  The applicant was promoted to SFC on 1 June 1991.  

8.  Upon completion of 20 years of service, the applicant was retired from active duty on 31 July 1993 in the rank of SFC.  
9.  The applicant provided a self-authored statement in support of his claim and stated the following:

* He was not selected for promotion to master sergeant, E-8 and was not informed why he was not selected
* He thinks the Army’s selection board owes him for not being selected for promotion
* He was a graduate of the Primary Leadership Course, the Basic Noncommissioned Officer Course, and the Advanced Noncommissioned Officer Course
* He was an excellent organizer, manager, leader, and trainer of Soldiers
* He feels he was a model Soldier, held challenging duty positions, and received outstanding efficiency reports 

10.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Chapter 4 of this regulation provides the rules and steps for managing the Centralized Promotion System to SFC, master sergeant, and sergeant major.  Centralized promotion boards will select the best qualified Soldier in each military occupational specialty (MOS) for promotion.  They will recommend a specified number of Soldiers by MOS from zones of consideration who are the best qualified to meet the needs of the Army.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his promotion was delayed by 4 years due to an administrative error is acknowledged.  However, on 7 October 1987, the applicant’s records were corrected to show he was promoted to SSG with an effective date of 1 October 1983.  The U.S. Army Finance and Accounting Center was advised of this correction and there is no evidence the applicant did not receive the applicable back pay and allowances associated with that correction.  

2.  The applicant’s service record does not indicate that an error or injustice exists in this case.  Therefore, there is no basis for granting the applicant’s request.  

3.  The applicant’s self-authored statement in regard to his non-selection for promotion to master sergeant is acknowledged.  However, it cannot be determined why he was not selected for promotion.  In the absence of evidence to show otherwise, it is concluded that the Soldiers who were recommended for promotion to master sergeant were, in the promotion board’s considered opinion, the best qualified in their MOS.

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)                                         AR20100000563



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ABCMR Record of Proceedings (cont)                                         AR20100000563



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