IN THE CASE OF:	  

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110014393 


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 the denial of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show he was promoted and discharged as a staff sergeant (SSG)/E-6.

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

3.  The applicant provides a letter of support from a former personnel specialist.

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 AR20100024804, on 14 April 2011.

2.  The applicant submitted a letter of support from a former personnel specialist who was stationed at Fort Hamilton, NY which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  Having prior active service, the applicant enlisted in the Regular Army on      30 October 1979.  He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman).

4.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record) shows the applicant was promoted to sergeant (SGT)/E-5 on 22 July 1981.

5.  Item 35 (Record of Assignments) of his DA Form 2-1 shows the applicant was assigned from Headquarters Company, New York Area Command to the Medical Holding Detachment at Fort Monmouth, NJ on 10 August 1987.

6.  The applicant’s record contains DA Form 2A (Personnel Qualification Record, Part 1), dated 28 September 1987, item 31 (Prom Pts – C/Date) and item 32 (Prom Pts – P/Date) indicate the current or most recent previous SGT/E-5 or SSG/E-6 total promotion points possessed by the applicant.  There is no entry in either field.  This indicates the applicant was not on a valid promotion standing list as of the date the report was prepared.

7.  On 11 December 1987, the applicant 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.  The applicant’s record is void of any evidence and he has not provided any evidence which shows he ever appeared before a promotion selection board. 

9.  The applicant provides a letter of support from a former personnel specialist who was stationed at Fort Hamilton, NY.  The personnel specialist states the applicant made the cut-off score for promotion to SSG/E-6 sometime between June and November 1987.  He further states he believes an oversight was made when the applicant was reassigned to the medical holding company and possibly due to a vendetta with the noncommissioned officer in charge. 

10.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, served as the authority for enlisted promotions.  It provided 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 three months prior to being eligible for promotion.  Individuals who met or exceeded the Department of the Army announced cut-off score would be promoted on the first of the month provided they were otherwise eligible for promotion. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 be corrected to show he was promoted and discharged as a staff sergeant (SSG)/E-6 was carefully reconsidered and it was determined that there is still insufficient evidence to support this request.

2.  The applicant was assigned to the medical holding company in August 1987.     It is unclear why he did not raise the promotion issue with his chain of command prior to his discharge in December 1987.  He had a chain of command and other avenues (such as the Inspector General) in which to pursue relief at that time if he believed there was a problem with his promotion standing.  

3.  The letter of support from the former personnel specialist speaks highly of the applicant and supports his promotion to SSG/E-6.  However, these types of statements or letters presented over 23 years after an alleged incident may often reflect retrospective thinking or second thoughts, situational ethics, or may be perceived as such.  Many Soldiers in the Army who are qualified and deserving of promotion and are recommended for promotion do not get promoted, and in most cases it is because of the ceilings placed on the number of promotions authorized.  While there is no evidence to show that such was the case here, there is no evidence to explain why he was not promoted, and no evidence has been presented to show that the applicant actually appeared before a promotion selection board, that he was on a valid promotion standing list, and that he made the cut-off score for his MOS.  Therefore, in view of the foregoing evidence, the applicant is not entitled to 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 to amend the decision of the ABCMR set forth in Docket Number AR20100024804, dated 14 April 2011.




      _______ _  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)                                         AR20110014393



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ABCMR Record of Proceedings (cont)                                         AR20110014393



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