IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110023248
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 his record and DD Form 214 (Certificate of Release
or Discharge from Active Duty) be corrected to show his rank was specialist four/E-4 (SP4/E-4) at the time of his release from active duty (REFRAD).
2. The applicant states he should have been promoted to SP4/E-4 before he got out of the Army.
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 record shows the applicant enlisted in the Regular Army on 4 June 1980, and was trained in and awarded military occupational specialty (MOS) 76V (Materiel and Storage Handling Specialist).
3. The applicants DA Form 2 (Personnel Qualification Record-Part I), dated
20 February 1982, lists his rank as private first class/E-3 (PFC/E-3) in item 9 (Grade). His DA Form 2-1 (Personnel Qualification Record-Part II) shows, in item 18 (Appointments and Reductions), that he was advanced to PFC/E-3 on
1 April 1981, and that this is the highest rank he attained while serving on active duty. Item 33 shows the applicant last reviewed the DA Form 2-1 on 26 May 1983 during his separation processing.
4. The applicants Military Personnel Records Jacket (MPRJ) is void of documents or orders indicating he was ever recommended for or promoted to SP4/E-4 by proper authority while serving on active duty. All orders and documents on file in the MPRJ, dated subsequent to 1 April 1981, list his rank as PFC/E-3. This includes his separation orders issued on 27 May 1983, and the orders discharging him from the U.S. Army Reserve (USAR), dated 4 June 1986.
5. On 27 May 1983, the applicant was honorably REFRAD after completing 2 years, 11 months, and 24 days of active military service. The DD Form 214 he was issued at the time shows he held the rank and pay grade of PFC/E-3 in items 4a (Grade, Rate or Rank) and 4b (Pay Grade).
6. Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, prescribed the policies for the management of enlisted personnel. Chapter 7 contained enlisted promotion policy. Section II provided guidance on advancement to pay grades E-2, E-3 and E-4. It stated, in pertinent part, that the time in grade requirement for promotion to SP4/E-4 without waiver was 6 months as an E-3 and that the time in service requirement without waiver was 24 months. The authority to promote or to withhold promotion rested with the unit commander. A promotion board while not required could be used by the commander and promotions to E-4 were limited by strength limitations established by Department of the Army (DA).
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his record and DD Form 214 to show his rank as SP4/E-4 has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, promotion to SP4/E-4 was not automatic and the authority to promote or withhold promotions rested with the unit commander. In addition, E-4 promotions had strength restrictions established by DA. The evidence of record contains no evidence and the applicant has failed to provide independent evidence that shows he was ever recommended for or promoted to SP4/E-4 by proper authority while serving on active duty. Therefore, absent any evidence that the applicant was improperly denied promotion, 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) AR20110023248
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110023248
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021403
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her discharge documents from the U.S. Army Reserve (USAR) to show her rank as specialist four (SP4). Her Military Personnel Records Jacket (MPRJ) contains Orders 1-1, dated 1 February 1986, that promoted her to SP4 effective and with a date of rank of 1 February 1986.
ARMY | BCMR | CY2010 | 20100009268
With the exception of the applicant's DD Form 214, all documents maintained in his military personnel records jacket (MPRJ) issued subsequent to the date of his promotion to the rank of SP4 lists his rank as SP4. The evidence of record confirms the applicant was promoted to the rank and grade of SP4/E-4 on 1 January 1997 and this was the rank he held on his date of separation from active duty as evidenced by the DA Form 4187 and his separation orders. Therefore, items 4a, 4b, and 12h of...
ARMY | BCMR | CY2002 | 2002079529C070215
The DD Form 214 issued to and signed by the applicant on the date of his separation, 15 June 1984, confirms that he was honorably separated in the rank and pay grade of PFC/E-3 on that date. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. The evidence of record confirms that the applicant was reduced to PFC/E-3, effective 11 October 1983.
ARMY | BCMR | CY2008 | 20080013615
Application for correction of military records (with supporting documents provided, if any). 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. A copy of the applicant's DA Form 2-1 (Personnel Qualification Record) shows, in item 18 (Appointments and Reductions), that the applicant was promoted to PFC effective 1 May 1980 and to SP4 effective 1 August 1981.
ARMY | BCMR | CY2013 | 20130013982
The applicant requests correction of his records to show he held the rank/grade of specialist four (SP4)/E-4. The available evidence does not support the applicant's request for correction of his records to show he held the rank/grade of SP4/E-4. Although the bar to reenlistment was later removed, there is no evidence showing he was properly advanced to PFC/E-3 at a later date prior to being placed on the TDRL.
ARMY | BCMR | CY2011 | 20110014815
Application for correction of military records (with supporting documents provided, if any). Further, the USAR discharge orders that list his grade as SGT in the standard name line were published more than two years after his REFRAD and could have been the result of the unverified handwritten entries on the applicants DA Form 2 and DA Form 2-1. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2009 | 20090011455
Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he was promoted to PFC effective 10 January 1970. Item 24 does show he is authorized the Vietnam Service Medal with 2 bronze service stars and he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (shown as M-16). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his...
ARMY | BCMR | CY2011 | 20110008350
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. 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. Absent...
ARMY | BCMR | CY2008 | 20080007419
The evidence of record shows the bar to reenlistment was in effect at the time he separated from active duty in June 1983. There is no evidence of record to show that the applicant was promoted to SP4, E-4, while he was in the U. S. Army Reserve. His current ABCMR application is dated 22 March 2008, which may have been too soon after the records correction for him to have received this award.
ARMY | BCMR | CY2010 | 20100013142
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be purged of all references to the imposition of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ); that his rank be restored; that his reentry eligibility (RE) code be corrected; and that the pay taken as a result of these errors be refunded. The earlier application included the following: a. a copy of the applicant's...