IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021841 


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 reconsideration of his previous request for promotion to sergeant first class (SFC)/E-6 with an effective date of 21 November 1957 and that his records be corrected accordingly.

2.  As a new argument, the applicant states the history of the U.S. Army Security Agency (USASA) in Ethiopia supplies information that shows the difficulties experienced by USASA enlisted personnel and supports his contention that as an unmarried enlisted man he was unfairly denied promotion.  In addition, by affixing his signature to his application he is certifying that all of the information he has given is true to the best of his knowledge and belief.

3.  The applicant provides a 4-page computer printout on the history of the USASA and two Maryland State Notary Public certificates.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090016291 on 15 June 2010.

2.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's records show he enlisted in the Regular Army on 30 March 1953 and he held military occupational specialty 058.20 (Morse Interceptor).  He was assigned to the Operations Company, 4th USASA.

4.  His DA Form 24 (Service Record), section I (Appointments, Promotions, or Reductions), shows he attained the following rank/grade with accompanying effective dates:

* private/E-1 (permanent (P)), effective 30 March 1953
* private/E-2 (P), effective 3 August 1953
* private first class/E-3 (temporary (T)), effective 17 May 1954
* corporal/E-4 (T), effective 26 October 1954
* specialist 3/E-4 (T), effective 1 July 1955
* specialist 2(SP2)/E-5 (T), effective 19 October 1955

5.  A copy of a letter outlining the results of the Enlisted Member (EM) Classification Board, dated 29 March 1957, states that after due consideration of the applicant's request for restoration to a noncommissioned officer (NCO) status, the Kagnew Enlisted Classification Board recommended continued specialist status and the action was final and all required entries were made in his service record.

6.  On 22 November 1957, he was honorably released from active duty in the rank/grade of SP2 (T)/E-5 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.

7.  The applicant provides a computer printout on the history of the USASA that states, in part, "…there was a general concern in the Department of the Army that enlisted technicians of all kinds should be given recognition and adequate pay in order to retain them.  Accordingly, in 1954, Army Regulation 615-15 created the grades of Specialist-4, -5, -6, and -7, corresponding to Corporal/E-4, Sergeant/E-5, Staff Sergeant/E-6, and Sergeant First Class/E-7, in order to get around the general Table of Organization and Equipment restrictions on the total number of individuals (normally regular NCOs) who could be placed in these grades.  In 1958, Army Regulation 344-303 also created specialist grades Specialist-8 and -9.  Sadly, there were never more than a handful of Specialist-7's in the USASA and no individual in the USASA was ever promoted to the grades of Specialist-8 or -9 before these grades were eliminated in 1965."

8.  Army Regulation 624-200 (Promotions, Demotions, and Reductions – Appointment and Reduction of Enlisted Personnel), in effect at that time, states that local appointment authorities are authorized to effect the temporary appointment of qualified personnel against local grade vacancies subject to major command appointment ceilings and such monthly appointment quotas.  The Department of the Army allocates appointment quotas each month to commanders of major commands and heads of administrative and technical services to fill all cumulative grade vacancies in the Army.

9.  Army Regulation 624-200 also states that commanders designated as appointment authorities are authorized to permanently appoint Regular Army personnel who meet the eligibility requirements above who are recommended by their immediate commander.  Appointments will not exceed quotas allotted semiannually by Headquarters, Department of the Army.  Only a Soldier serving in a temporary NCO grade may be appointed to permanent NCO grade, and then only if his primary military occupational specialty provides for such status in the permanent grade.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's sincerity that he was a victim of discrimination due to his marital status, there is no evidence in the available record to substantiate his contention that he was unfairly treated and discriminated against for promotion.

2.  The evidence of record shows he was temporarily promoted to the rank/grade of SP2/E-5 effective 19 October 1955 and that this was the rank he held at the time he was released from active duty.  In view of the foregoing, there is no basis for granting him 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090016291, dated 15 June 2010.



      _____________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)                                         AR20100021841



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ABCMR Record of Proceedings (cont)                                         AR20100021841



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