BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100013371
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 records to show he was promoted to the rank/grade of sergeant (SGT)/E-5, prior to his release from active duty.
2. He states he requested a transfer to a combat unit in exchange for a one-grade promotion and he never got it. He put his request in writing to the post Inspector General and there should be a copy in his transfer records. He was very depressed and suffering from post traumatic stress disorder (PTSD) from his Vietnam experience. The promotion promise was made and he fulfilled his part and he has paid dearly. He would like his country to fulfill at least part of theirs before he dies.
3. He provides no additional evidence.
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's military records show he enlisted in the Regular Army in pay grade E-1 on 1 October 1964 for a period of 3 years. He completed training and was awarded military occupational specialty 91B (Medical Specialist). He served in France from 27 February 1965 through 25 June 1966.
3. Unit Orders Number 10, issued by the 385th General Dispensary, dated 16 May 1966 appointed the applicant to the temporary rank/grade of specialist fourth class (SP4)/E-4. He was subsequently appointed to the permanent rank/grade of SP4/E-4 on 16 May 1967. This is the highest rank/grade he satisfactorily held during his service.
4. He served in Vietnam from 16 May 1967 through 22 September 1967.
5. He was honorably released from active duty the permanent rank/grade of SP4/E-4 on 22 September 1967, as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
6. Items 5a (Grade Rate or Rank) and 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), show
SP4 (P) and E-4, respectively.
7. He was honorably discharged from the USAR on 30 September 1978 in the rank/grade of SP4/E-4.
8. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. Paragraph 7-13 5(a) specified the completion of 8 months time in pay grade E-4 and 3 years time in service (primary zone) or 2 years time in service (secondary zone) were required for promotion to pay grade E-5. Recommendation for promotion to pay grade E-5 would be prepared on a DA Form 2496 (Disposition Form), signed by the recommending official, and then submitted through channels to the headquarters of the promotion authority. Waivers for one-half of the time in pay grade were permissible. There was no provisions for an automatic promotion to pay grade E-5.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that while serving in the Regular Army the applicant was advanced to pay grade E-4 on 16 May 1966, the highest grade he satisfactorily held during his period of service. There is no evidence to show he ever requested, was promised, or recommended and approved for promotion to pay grade E-5 prior to his release from active duty on 22 September 1967. While he met the time in grade requirement, he did not meet the time in service requirements prior to his release from active duty. He must have been recommended by his commander, and the recommendation must have been approved by the next higher promotion authority.
2. He has provided insufficient evidence to show he was entitled to or promoted to the grade of E-5 prior to this date of separation. In view of the foregoing, there is no basis for granting his 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) AR20100013371
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ABCMR Record of Proceedings (cont) AR20100013371
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