IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100009945
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 promotion to pay grade E-5.
2. The applicant states he was summoned to the commanding officer's office and presented with sergeant stripes and a copy of the enclosed document that shows him ranked first on the E-5 selection list. He was then asked to give the stripes back and told that he would receive them at the proper time. He thinks the Army made a mistake in not promoting him. He is not interested in the money, only in the recognition.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a 19 November 1971 local promotion list showing him ranked first for promotion to pay grade E-5, with a promotion score of 691.3 points.
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 enlisted on 30 July 1968, completed training, and was awarded military occupational specialty 72B, communications center specialist. He served in Vietnam where he was advanced to pay grade E-4 and awarded a Bronze Star Medal and an Army Commendation Medal.
3. In May 1971 he reported to Headquarters and Headquarters Detachment, 172d Support Battalion, 172d Infantry Brigade in Alaska. On 15 September 1971, he was transferred, in accordance with his own request, to the Fixed Signal Operating Company (Special), U.S. Army Alaska.
4. On 27 December 1971, the applicant submitted a request for separation from active duty in Alaska. The signature block shows his rank as specialist four.
5. On 2 February 1972, the applicant was separated early as an overseas returnee. His DD Form 214, identified his rank and pay grade as specialist four (E-4).
6. The available records contain no promotion orders for the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was presented with sergeant stripes and a copy of the E-5 selection list. He was then asked to give the stripes back and told that he would receive them at the proper time. He thinks the Army made a mistake in not promoting him. He is not interested in the money only in the recognition.
2. The available evidence clearly shows that the applicant was recommended for promotion to pay grade E-5; however, it does not show that his 691.3 promotion points were sufficient to meet the Army wide cut-off score prior to his subsequent release from active duty.
3. In any event, there simply is no available evidence that the applicant was ever promoted; a fact that he clearly understood, as evidenced by his signing documents that showed his rank as specialist four.
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 has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing there is no basis for granting the applicant's requested relief.
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) AR20100009945
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009945
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150003658
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show he was promoted to sergeant (SGT)/E-5. In the absence of evidence corroborating his statement, there is an insufficient basis upon which to grant the requested relief.
ARMY | BCMR | CY2010 | 20100029351
IN THE CASE OF: BOARD DATE: 7 July 2011 DOCKET NUMBER: AR20100029351 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) decision denying a change to his rank and pay grade to sergeant/pay grade E-5 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 April 1971. He was promoted to acting sergeant E-5 by the commander of Company A,...
ARMY | BCMR | CY2005 | 20050002892C070206
The applicant requests that his 1971 separation document be corrected to reflect that he was discharged in the rank of sergeant (SGT) vice specialist 5 (SP5). The applicant notes that several documents, including his request for early separation, award orders, training certificate, and separation orders from the United States Army Reserve in 1974 and 1975 show his rank as SGT. The orders promoting the applicant to SP5 do not show he was serving as an acting sergeant in pay grade E-4 and...
ARMY | BCMR | CY2010 | 20100027423
The applicant's records show he was inducted into the Army of the United States on 19 February 1969 in the rank/grade of private/E-1 and he held military occupational specialty 94B (Cook). There are no orders in the applicant's record that show he was promoted to SGT/E-5. DISCUSSION AND CONCLUSIONS: The available evidence shows that at the time of discharge, on 18 February 1971, the applicant held the rank of SP4/E-4.
ARMY | BCMR | CY2004 | 20040011091C070208
The applicant requests correction of his records to show promotion to the rank and pay grade of sergeant, E-5. There is no evidence, and the applicant has not provided any evidence, that he was ever promoted to sergeant, E-5. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090003166
The applicant's military personnel service record shows that he was inducted into the Army of the United States, on 15 August 1966, for a 2-year period of service. A review of the applicant's available military personnel record shows two promotion orders: a. Although the applicants active duty service was honorable, and the sacrifices he made for his country were significant, absent any evidence of record that shows he was ever recommended for, or promoted to sergeant/pay grade E-5 by...
ARMY | BCMR | CY2008 | 20080006375
There is no evidence in the applicant's record that he was recommended for or promoted to SP4/E-4. The applicant has not provided any evidence to show he was promoted to SP4/E-4. XXX _______________________ 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.
ARMY | BCMR | CY2014 | 20140006404
He provides: * Self-authored statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 June 1992 * DD Form 149 (Application for Correction of Military Record), dated 11 November 2012 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 September 1971 * DD Form 214 (Report of Separation from Active Duty), for the period ending 26 September 1977 * DD Form 215 (Correction to DD Form 214) *...
ARMY | BCMR | CY2009 | 20090010445
IN THE CASE OF: BOARD DATE: 5 November 2009 DOCKET NUMBER: AR20090010445 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows that at the time of retirement, on 28 February 1975, the applicant held the rank of SP7/E-7. In the absence of such orders and/or the authority for this promotion, there is insufficient evidence to grant the applicant the requested relief.
ARMY | BCMR | CY2015 | 20150000912
It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. There is no evidence to show he was promoted to SGT. _______ _ __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.