IN THE CASE OF:
BOARD DATE: 2 June 2011
DOCKET NUMBER: AR20100026579
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 military records to show he was promoted in 1996 to sergeant first class, pay grade E-7.
2. The applicant states he met the time in grade and time in service requirements for promotion and passed his proficiency tests. He was also scheduled to attend the Primary Leadership Development Course (PLDC), but he was dropped from the list.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 21 April 1971; DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 14 March 1980; Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter), dated 14 August 1996; Memorandum for award of the Army Reserve Components Achievement Medal, dated 18 August 1996; Orders 351-036, dated 17 December 1997, assigning him to the Retired Reserve; and ARPC Form
249-2-E, Chronological Statement of Retirement Points, dated 4 August 1998.
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. On 15 March 1977, the applicant enlisted in the Regular Army as a prior service Soldier.
3. Orders 104-4, 1st Corps Support Command, dated 31 May 1978, promoted the applicant to the rank of staff sergeant, pay grade E-6, effective 1 June 1978 with a date of rank of 12 May 1978.
4. On 14 March 1980, the applicant was released from active duty and transferred as a staff sergeant to the 505th Army Security Agency (ASA) Company, U.S. Army Reserve (USAR), located at Fort Devens, MA. He had completed a total of 11 years and 2 days of creditable active service.
5. The applicant's ARPC Form 249-2-E indicates he remained in the USAR until he was transferred to the Retired Reserve in the rank of staff sergeant, pay grade E-6 on 18 December 1997.
6. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) as then in effect, prescribed policies and procedures pertaining to the promotion of enlisted Soldiers in the USAR. The eligibility criteria for promotion to sergeant first class, pay grade E-7 required Soldiers to be:
* A member of the USAR
* In a promotable status
* A high school graduate
* Fully qualified in their military occupational specialties (MOS)
* Meet physical demands rating and physical profiles prescribed for their MOS
* Be in the next lower pay grade (E-6) for 21 months
* Be assigned to a position authorized the grade of E-7
* Be a graduate of the Basic Noncommissioned Officer Course (BNOC)
* Have a minimum of 9 years time in service (secondary zone)
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show he was promoted to sergeant first class, pay grade E-7, in 1996, because he met the time in grade and time in service requirements for promotion and passed his proficiency tests.
2. The available evidence is insufficient to determine if the applicant met all of the requirements for promotion to sergeant first class which included more than just meeting established time in service/grade and military education.
3. In view of the above, the applicant's request should be denied.
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) AR20100026579
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100026579
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120005773
In order to support a change to the applicant's grade at the time of retirement or his advancement on the Retired List, there must be evidence that the applicant completed the satisfactory service requirement to complete 2 years of active duty service in the higher grade of MSG. Further, the evidence of record and independent evidence submitted by the applicant while showing he was twice promoted to 1SG/MSG and twice administratively reduced to SFC, not due to his own misconduct, while...
ARMY | BCMR | CY2009 | 20090008243
The applicant requests correction of his military records to show that he attended every monthly drill with his unit from 4 August 1992 through 3 August 1997. The applicant provides, in support of his application, copies of his ARPC Form 249-E (Chronological Statement of Retirement Points), DD Form 214N (Armed Forces of the United States Report of Transfer or Discharge), orders to active duty, certificate for award of the Army Achievement Medal, Certificate of Achievement, Certificate of...
ARMY | BCMR | CY2013 | 20130012388
The applicant provides: * DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers), dated 13 December 1992, and related documents * DA Form 4697 (Department of the Army Report of Survey), dated 6 January 1993, and related documents * DA Form 4651-R (Request for Reserve Component Assignment or Attachment), dated 24 January 1993 * an undated memorandum to the applicant, subject: Reduction Under Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and...
ARMY | BCMR | CY2009 | 20090000842
The applicant requests, in effect, that his record be corrected to show he completed 21 years of qualifying service for Reserve retirement as of 8 May 2002 and that his rank of major (MAJ) be restored from that date. The applicant states, in effect, his record should be corrected to reflect he had over 21 years of qualifying service at the time he resigned his commission and was discharged in 2002, and that his Army Reserve Personnel Command (ARPC) Form 249 and record should be corrected to...
ARMY | BCMR | CY2009 | 20090014550
Title 10, U.S. Code, section 12646(a) states if on the date prescribed for discharge or transfer from an active status a Reserve commissioned officer is entitled to be credited with at least 18, but less than 19 years of qualifying service, he may not be discharged or transferred from an active status before the earlier of (1) the date on which he is entitled to be credited with 20 years of qualifying service or (2) third anniversary of the date on which he otherwise would be discharged or...
ARMY | BCMR | CY2013 | 20130019739
The applicant requests, in effect, correction of his records to show he served continuously as a commissioned officer in the U.S. Army Reserve (USAR) and entitlement to adjustment of his pay and allowances at the pay grade O-4 rate. If selected, the Board further recommended correction of his records to show: a. he was promoted to MAJ on his date of eligibility provided he was otherwise qualified and met all other prerequisites for promotion; b. his transfer to the Retired Reserve for...
ARMY | BCMR | CY2008 | 20080013778
Army Regulation 135-180 (Qualifying Service for Retired Pay, Nonregular Service), in effect at the time of the applicant's separation, states: a. a qualifying year for the purposes of qualifying for nonregular service retired pay is determined to be any year in which a service member earns a minimum of 50 retirement points; b. to be eligible for retired pay, an individual need not have a military status at the time of application, but must have: (1) attained age 60, (2) completed a minimum...
ARMY | BCMR | CY2012 | 20120003283
The applicant requests, in effect, correction of her Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) to show her retirement year (RY) period as September September instead of May - May. Her ARPC Forms 249-E, dated 18 November 2009 and 14 December 2009, show her RY period as 15 April to 15 April. b. Paragraph 6.3.2 states members of a Reserve component in an active status, including service in a DEP, are credited retirement point credit for...
ARMY | BCMR | CY2004 | 2004105985C070208
When he entered active duty in 1991, his Pay Entry Base Date was correctly established as 20 July 1986 by subtracting his ROTC time from his total service. The applicant enlisted in the USAR on 15 November 1984 and has had continuous service since that date. The applicant's PEBD should be corrected to 15 November 1984 and he should be authorized any pay adjustment accruing on or after 23 September 1996.
ARMY | BCMR | CY2010 | 20100021732
An AHRC Form 249-2-E in his Official Military Personnel File (OMPF) shows he accrued 1,511 retirement points and he completed a total of 13 years of qualifying service for non-regular Reserve retirement between 15 June 1970 and 4 September 2001. By law and regulation, in order to be eligible for non-regular Reserve retirement and retired pay at age 60, a member must complete a minimum of 20 years of qualifying service and that qualifying service is granted only for each year of service an...