BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100019586
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 correction of his records to show he was promoted to and retired in the rank/grade of sergeant (SGT)/E-5.
2. The applicant states he served as a platoon leader during basic combat training and attained the highest physical fitness score. He completed the Microwave and Radar Specialist course and served in Hawaii and Korea. He was retired for disability and raised three children. He performed to his fullest and accomplished his goals.
3. The applicant provides:
* Letter from the U.S. Army Human Resources Command (HRC)
* Various photographs
* Page 3 of his 4-page DA Form 20 (Enlisted Qualification Record)
* Letter from the Department of Treasury
* Cold War Certificate of Recognition
* A self-authored biography of his service with the 25th Infantry Division
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 records show he enlisted in the Regular Army for a period of 3 years on 14 July 1972. He completed basic combat and advanced individual training and he was awarded military occupational specialty 26L (Tactical Microwave Systems Operations and Maintenance Specialist).
3. He was advanced to the rank/grade of private/E-2 on 11 September 1972 in accordance with paragraph 7-19b (Accelerated Advancement) of Army Regulation 600-200 (Enlisted Personnel Management System).
4. He served in Hawaii from 13 May 1973 to 5 September 1973. He was assigned to Battery C, 1st Battalion, 62nd Air Defense Artillery, 25th Infantry Division. While in Hawaii, he was promoted to private first class (PFC)/E-3 on 14 July 1973.
5. He was attached to Company A, Headquarters Command, Fort Dix, NJ, on 10 October 1973 pending a physical evaluation board.
6. He was ultimately retired on 18 April 1974 by reason of physical disability and placed on the retired list in his retired rank/grade of PFC/E-3.
7. There is no indication in his records that shows he was promoted to specialist four (SP4)/E-4 or SGT/E-5 during his military service.
8. He submitted a Cold War Certificate and various photographs of himself and/or members of his family.
9. Army Regulation 600-200, in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. 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 routine orders. Unit orders were issued for promotions to grade E-3 and E-4.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Items 6a (Grade, Rate or Rank) and 4b (Pay Grade) show the active duty rank and pay grade at the time of the Soldier's separation, from the Soldiers records.
DISCUSSION AND CONCLUSIONS:
The evidence of records shows the applicant was promoted to PFC/E-3 on 14 July 1973 and held this rank/grade until his retirement on 18 April 1974. Nothing in his records show he was recommended for or promoted to SP4/E-4 or SGT/E-5 prior to his retirement. Promotions of enlisted personnel were announced in routine orders. In the absence of such orders and/or the authority for this promotion, there is insufficient evidence to grant the applicant the 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) AR20100019586
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