BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120004636
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, in effect, that his records be placed before an enlisted standby advisory board (STAB) for promotion reconsideration to master sergeant (MSG)/E-8.
2. The applicant states he served in various assigned positions and performed various collateral duties throughout his 20-year career. All of his professional development and Noncommissioned Officer Evaluation Reports (NCOER) met or exceeded the requirement. For example, he was selected as honor graduate and awarded the Association of the United States Army Leadership Award upon completion of the Basic NCO Course (BNCOC), and he was selected as the Distinguished Honor Graduate upon his completion of the Advanced NCO Course (ANCOC). He was told by a senior NCO he was not promoted because he had too much education and he experienced personality conflicts as a result.
3. The applicant provides two DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending on 18 April 1986 and
31 August 2000.
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 enlisted in the Regular Army on 7 August 1979 and held the primary military occupational specialty 63Y (Track Vehicle Mechanic).
3. His record contains a record of trial by summary court-martial, dated
22 October 1984. The form does not list the charge and specifications; however, it does show he was found guilty of the charge and specifications during court-martial proceeding held and adjudged on 17 October 1984. He was sentenced to a reduction in rank/grade from sergeant/E-5 to specialist four/E-4 and a 45 day restriction to his place of duty, worship, and residence. The sentence was approved on 22 October 1984.
4. His record contains a disposition form, dated 11 July 1985, showing his commander disqualified him from award of the Army Good Conduct Medal because he received a summary court-martial during the period of consideration for the award.
5. He was honorably discharged from active duty on 18 April 1986. His DD Form 214 shows he completed 6 years, 8 months, and 12 days of net active service.
6. He reenlisted in the Regular Army on 24 April 1987, held several military occupational specialties, and served in a variety of stateside or overseas assignments.
7. He was honorably retired from active duty on 31 August 2000 in the rank/grade of sergeant first class/E-7 with a date of rank of 1 October 1994. This form further shows he completed 20 years and 16 days of net active service.
8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 4-14 (Rules for processing STAB consideration) states STABs are convened to consider records of those Soldiers not reviewed by a regular board or whose records were not properly constituted, due to a material error, when reviewed by the regular board. Material error is considered one sufficient enough to cause the nonselection of a Soldier for promotion.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the applicant's record, nor did he provide evidence to show his promotion packet contained a material error significant enough to prevent his selection for promotion to MSG. Therefore, he is not entitled to reconsideration of promotion to MSG.
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) AR20120004636
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