IN THE CASE OF:
BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110008350
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 promotion to the rank of sergeant (SGT)/E-5.
2. The applicant states he was promoted to the rank of SGT/E-5 on two different occasions but it was not granted because of either leaving a unit or being transferred to another unit that did not want the rank to leave the unit. He claims to have been promised a promotion to SGT/E-5 upon entering his next duty station but this never happened.
3. The applicant provides no documentary evidence in support of his application.
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 applicants record shows he was inducted into the Army, on 20 February 1967, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 5 August 1967 to 5 August 1968. Item 33 (Promotions and Reductions) shows he was promoted to specialist four
(SP4)/E-4), on 26 October 1967, and that this is the highest rank he attained while serving on active duty.
4. The applicants Military Personnel Records Jacket (MPRJ) is void of any documents indicating that he was recommended for promotion to SGT/E-5 by any of his unit commanders or by a promotion selection board, or that he was ever promoted to that rank by proper authority while serving on active duty.
5. The applicants MPRJ contains two DA Forms 2627 (Records of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ) that show the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the UCMJ on the following two separate occasions for the offenses indicated:
a. 18 April 1967, for absenting himself from his place of duty without proper authority on 17 April 1967; and
b. 22 October 1968, for disobeying a lawful order from his commanding officer on 20 October 1968.
6. The punishment imposed as a result of the Article 15 of 22 October 1968 included a suspended reduction to private first class (PFC)/E-3.
7. On 26 December 1968, the applicant was honorably released from active duty after completing 1 year, 10 months, and 27 days of active military service. The DD Form 214 he was issued at the time shows he held the rank of SP4/E-4.
8. Army Regulation 600-200, in effect at the time, provided the policies for the career management of Army enlisted personnel. Chapter 7 provided the policies and procedures for enlisted promotions and reductions. Promotions to the grades of E-4 through E-7 were based on best qualified Soldier to fill unit vacancies and assigned quotas.
9. Paragraph 7-2 (Authority to Promote) of the same regulation established field grade commanders of any organization which was authorized a commander in the grade of lieutenant colonel as the promotion authority for pay grade E-5 and E-6. Local promotion boards at the battalion level were normally held to recommend Soldiers for promotions to these grades.
DISCUSSION AND CONCLUSIONS:
The applicants request to be promoted to SGT/E-5 has been carefully considered. However, there is insufficient evidence to support this claim. The evidence of record confirms that the highest rank and pay grade he attained while serving on active duty was SP4/E-4, as evidenced by the entry in Item 33 of his DA Form 20. Further, the applicant's DD Form 214 confirms that he held the rank of SP4/E-4 at the time of his REFRAD. Absent evidence showing the applicant was recommended for promotion by one of his unit commanders and/or by a local battalion promotion board and promoted to SGT/E-5 by proper authority while serving on active duty there is an insufficient evidentiary basis to support granting 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) AR20110008350
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ABCMR Record of Proceedings (cont) AR20110008350
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