IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100024804 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was discharged in the rank/grade of staff sergeant (SSG)/E-6.

2.  The applicant states that he was on the SSG/E-6 promotion list; however, his promotion packet was never transferred to his personnel records due to him being transferred from Fort Hamilton, NY Fort Monmouth, NJ.  He goes on to state that he just learned in July 2010 that he had in fact been promoted prior to his discharge.

3.  The applicant provides a copy of a letter from a service organization and a copy of a letter from a human resources coordinator who claims that the applicant made the cut-off score for promotion but he was never promoted.

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.  With prior active service, he enlisted in the Regular Army on 30 October 1979 for a period of 3 years.  He completed his one-station unit training (OSUT) at Fort Benning, GA and he was awarded military occupational specialty (MOS) 11B (Infantryman).  He remained on active duty through reenlistment.

3.  He was promoted to sergeant (SGT)/E-5 on 22 July 1981 and he served in a variety of assignments which included:

* finance specialist
* legal clerk
* personnel actions specialist
* SIDPERS [Standard Installation/Division Personnel System] clerk
* promotions clerk
* Personnel Administration Center Noncommissioned Officer in Charge (PAC NCOIC)

4.  The applicant was serving as a SIDPERS/PAC clerk at Fort Hamilton when he was transferred to Fort Monmouth on 10 August 1987.  He was also on profile and he failed his Skills Qualification Test (SQT).

5.  The applicant’s record contains a DA Form 2 (Personnel Qualification Record, Part I), prepared on 28 September 1987.  Appropriate transactions were required to be entered in order for that form to reflect when an individual appeared before a promotion board and the number of points awarded.

* item 31 (Prom Pts - C/Date) indicates the Soldier’s current E-5 or E-6 promotion list status as total promotion points currently possessed and the selection or recomputation date
* item 32 (Prom Pts - P/Date) indicates the Soldier’s most recent previous E-5 or E-6 promotion list status as total promotion points and the selection recomputation date possessed before the current score reflected in
“PTS - C”

There is no entry in either item 31 or item 32 of this form indicating he was not on a valid promotion standing list as of the date the report was prepared.


6.  The applicant’s official record contains no evidence of his appearance before a promotion selection board.  Additionally, records show that the applicant testified at his Physical Evaluation Board (PEB) that he was not physically qualified to perform in his military occupational specialty (MOS) and that he requested to be discharged.

7.  On 11 December 1987, he was honorably discharged in the rank/grade of SGT/E-5 by reason of physical disability with severance pay.  He had served
8 years, 5 months, and 7 days of total creditable active service.

8.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, served as the authority for enlisted promotions.  It provided, in pertinent part, that individuals who were recommended for promotion to the pay grades of E-5 and E-6 were required to be on a promotion standing list for 3 months prior to being eligible for promotion.  Individuals who met or exceeded the Department of the Army announced cut-off scores would be promoted on the first of the month provided they were otherwise eligible for promotion.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he met the promotion cut-off score for promotion to the pay grade of E-6 prior to his discharge is not in question, he has failed to show through sufficient evidence submitted with his application and the evidence of record that such was the case.

2.  Not only is there no evidence to show that he ever appeared before a promotion selection board, there is insufficient evidence to show that he was otherwise qualified for promotion.

3.  Therefore, lacking sufficient evidence to show that he appeared before a promotion selection board, that he was on a valid promotion standing list, and that he met the cut-off score for his MOS, there appears to be no basis for granting his request.

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.


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 that 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 to know that the sacrifices he made in service to the United States are deeply appreciated.  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)                                         AR20100024804



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ABCMR Record of Proceedings (cont)                                         AR20100024804



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