IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100017510
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 he was promoted to the rank of captain (CPT).
2. The applicant states he was denied promotion to the rank of CPT because he failed to meet a deadline to provide information that was delayed through a failure of the mail reaching him in time because he had moved. Accordingly, he was not promoted and he was told there was no appeal. As a result, he was discharged in the rank of first lieutenant (1LT) without receiving a fair chance for promotion.
3. The applicant provides:
* a letter notifying him to update his retirement points for the CPT promotion board
* a copy of his Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* copies of correspondence to his Congressional representative explaining his request
* a copy of his National Guard Bureau Form 22 (Report of Separation and Record of Service in the Wisconsin Army National Guard (WIARNG))
* weapons qualification orders
* a copy of travel orders
* a copy of a newspaper article
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 was serving in the rank of master sergeant in the WIARNG on 13 June 1952 when he was honorably discharged to accept a commission in the WIARNG. He had 3 years, 2 months and 26 days of total service for pay purposes.
3. On 14 June 1952, he accepted an appointment as a USAR infantry second lieutenant (2LT) and a 2LT in the WIARNG.
4. On 11 January 1954, he accepted appointment as a Medical Service Corps 2LT.
5. He was promoted to the rank of 1LT on 1 July 1955. On 11 September 1955, he resigned his commission as a 1LT in the WIARNG and reverted to the USAR.
6. On 22 June 1960, the applicant dispatched a XIV U.S. Army Corps Form 735 (Statement of Retirement Points) along with a letter explaining his retirement points, his current occupation, and his current mailing address, which at that time was Princeton, Wisconsin. He had only 45 retirement points for that year.
7. On 13 September 1960, a letter was dispatched to the applicant informing him that he was considered for promotion to next higher grade and was not selected. He was also advised that it was with earnest hope that he would qualify himself for promotion by the time the next board convened because if he was not selected by the next board he would be discharged or transferred to the Retired Reserve provided he was eligible and applied for such a transfer.
8. On 18 July 1961, he again dispatched a Statement of Retirement Points and he had only 4 membership points to report. He indicated he had no change in address or place of employment.
9. On 12 December 1961, a letter was dispatched to the applicant informing him that he had been twice non-selected for promotion to the rank of CPT and would be mandatorily discharged within 90 days after the selection board reported its findings.
10. On 23 April 1962, the applicant was honorably discharged from the USAR in the rank of 1LT.
11. A review of his official records shows the retirement points submitted by the applicant were submitted for review by the promotion selection board along with his records and additional points submitted by his command. Additionally, the last change of address submitted by the applicant was done by the applicant on 18 August 1960 for an address in Princeton, Wisconsin.
12. Army Regulation 135-155 (Army National Guard and USAR Promotion of Commissioned Officers and Warrant Officers Other than General Officers) governs the promotion of Reserve officers not on active duty. It provides that an officer who is considered for promotion and fails to be selected by two consecutive selection boards will be discharged within 90 days after the selection board reports it findings unless he or she is eligible for transfer to the Retired Reserve and requests such a transfer.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was denied promotion to the rank of CPT because he had changed his address and did not receive the notification to provide his retirement points in time to be reviewed by the selection board has been noted and was found to lack merit.
2. The applicant's official records contain the retirement points statements submitted by the applicant and reviewed by the selection boards during both boards that considered him and did not select him for promotion.
3. Unfortunately, promotion selection boards do not reveal the reasons for selection or non-selection; therefore, there is no basis to form an accurate opinion as to why the applicant was not selected. However, a review of his retirement points for 1960 and 1961 shows he had only 45 and 15 points respectively, neither of which were qualifying years.
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 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. 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) AR20100017510
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ABCMR Record of Proceedings (cont) AR20100017510
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