IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110010031
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 that his records be corrected to show he was promoted to pay grade E-5.
2. The applicant states records he received from the National Personnel Records Center (NPRC) show he was promoted to E-5 on 24 September 1970.
3. The applicant provides copies of his 23 December 1970 DD Form 214 (Report of Transfer or Discharge), two DA Forms 2496 (Disposition Form), 18 December 1974 discharge orders, and a NPRC letter.
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 was inducted and entered active duty from 2 January 1969, with advancement to paygrade E-4 effective 6 November 1969.
3. A 30 June 1970 DA Form 2496 shows he was in an appointable status and was recommended for promotion.
4. A 24 September 1970 DA Form 2496 does not address the applicant by name but infers, by its inclusion in his record, that he was on the Recommended Promotion List for E-5 and considered eligible for promotion. It is stated that "Promotions will be made, in order of standing, upon receipt of allocations." The Recommended Promotion list order of standing is not included in the record.
5. The applicant's DD Form 214 shows he was released from active duty in paygrade E-4 on 23 December 1970 and transferred to the Army Reserve (USAR) Control Group (Reinforcement).
6. The applicant received an honorable discharge from the USAR effective 1 January 1975 in paygrade E-4.
7. Army Regulation 600-200 (Enlisted Personnel Management), as then in effect, governed the promotion of enlisted personnel. The promotion authority to pay grades E-5 and E-6 was delegated to field grade commanders of any organization which is authorized a commander in the grade of lieutenant colonel or higher. Temporary promotions to pay grades E-4 through E-7 were made based on quota allocations which required recommendation by the unit commander and promotion eligibility based on time in grade, time in service, the proper military occupational specialty (MOS), assignment in the next lower pay grade than that of the unit position vacancy; physical qualification, and completion of eighth grade or General Education Deploma equivalent for promotion to E-5. The soldiers selected for promotion were placed on a lineal promotion list based on the number of points received from the promotion board and were promoted based on vacancies in the unit for which they qualified.
DISCUSSION AND CONCLUSIONS:
1. The applicant states the records received from NPRC show he was promoted to E-5 on 24 September 1970.
2. The 24 September 1970 DA Form 2496 is a promotion eligibility list but does not actually show that the applicant was promoted to E-5.
3. The applicant's record does not contain any orders actually promoting the applicant to paygrade E-5, his lineal standing on the promotion list, when promotion allocations were authorized, or when a vacancy for his MOS in his unit became available.
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) AR20110010031
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ABCMR Record of Proceedings (cont) AR20110010031
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