IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110018020
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 to sergeant, pay grade E-5. He further requests to receive back pay for this promotion.
2. The applicant states he enlisted into the U.S. Army beginning in the pay grade E-2 based on his Reserve Officer Corps Training (ROTC). He contends that because of this advanced grade at enlistment, every grade should have been to the next level, making him an E-5 when he was promoted to E-4.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 4 (Enlistment Contract - Armed Forces of the United States.
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 evidence of record shows the applicant:
a. enlisted in the Regular Army on 31 January 1969, beginning in the rank of private, pay grade E-2 (temporary);
b. completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman);
c. was appointed to private, pay grade E-2 (Permanent) on 11 April 1969;
d. was advanced to private first class, pay grade E-3 (Permanent) on 20 July 1969; and
e. was advanced to specialist four, pay grade E-4 (Temporary) on
22 January 1970.
3. On 29 January 1971, the applicant was released from active duty (REFRAD) service and transferred to the U.S. Army Reserve. He had completed 1 year,
11 months, and 29 days of creditable active duty service.
4. Army Regulation 600-200 (Enlisted Personnel Management System), as then in effect, prescribed the policies, responsibilities, and procedures pertaining to career management of enlisted personnel. Chapter 7 of this regulation pertained to the promotion and reduction of enlisted personnel and provided the following criteria for promotion to pay grade E-5:
a. time in grade (TIG) and time in service (TIS) requirements:
* 8 months TIG (1/2 may be waivered)
* 21 months TIS (6 months may be waivered)
b. be in a promotable status;
c. be recommended for promotion by the commander;
d. appear before a promotion board, be selected and placed on the recommended list; and
e. meet or exceed the monthly MOS quota as indicated by the established promotion cut-off score;
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he was promoted to sergeant, pay grade E-5, and given back pay.
2. The applicant enlisted in the Regular Army beginning in pay grade E-2. He was subsequently advanced to specialist four, pay grade E-4 on 22 January 1970. Accordingly, the earliest date, with maximum TIG and TIS waivers, that he would have become eligible for promotion recommendation/consideration to E-5 and placed on the recommended list would have been 22 May 1970 (4 months TIG and 15 months TIS as an E-4). This is assuming he met all other promotion criteria. However, due to the passage of time, there is no available record of the monthly cut-off scores for his MOS during the period from June 1970 until his REFRAD on 29 January 1971. Furthermore, there is no documentation in his military records showing that his commander had granted him any waivers or had recommended him for promotion to E-5.
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) AR20110018020
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ABCMR Record of Proceedings (cont) AR20110018020
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