BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120005058 


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 records to show a "Tombstone Promotion" to rank/grade brigadier general (BG)/O-7.

2.  The applicant states:

* he is 90 plus years old
* he served as a battalion commander under Lieutenant General  (LTG) J.S. and was told that he was the only ordnance officer he knew who should be a general
* LTG J.S.'s promotion recommendation did not get placed in his 201 file   prior to his promotion board deliberations
* he was denied the force of LTG J.S.'s conviction to convince the board he merited promotion to BG
* he had all the tickets:  senior service schools, significant assignments and accomplishments, and honorable service throughout his career
* he commanded the largest ammunition depot in Europe
* while assigned to the Pentagon, he was responsible for initiating the implementation of a $2.3 billion dollar modernization program of the national ammunition production base 
* a precedence exists for his request
* he knew a Navy captain who was advanced in rank/grade

3.  The applicant provides self-authored statements. 


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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's WD AGO Form 24 (Service Record) shows the following:

* he was inducted in the Army of United States on 25 September 1942 in the grade of private 
* he was honorably discharged in the grade of corporal on 14 May 1943 to accept an appointment as an active duty second lieutenant in the Army of the United States

3.  On 15 May 1943, the applicant was appointed a second lieutenant in the Army of the United States.  His DA Form 66 (Officer Qualification Record) shows he served in the following military occupational specialties:

* 9307, Installation Intelligence Officer
* 7422, Safety Engineer
* 4319, Procurement Control and Production Officer
* 2625, Logistics Officer
* 4512, Ordnance Officer

4.  Orders Number 236, Department of the Army, Washington, D.C., dated 21 November 1966, promoted the applicant to the rank of colonel (COL) in the Army of the United States, with an effective date promotion of 21 November 1966.

5.  Orders Number 96, Department of the Army, Washington, D.C., dated 15 May 1968, promoted the applicant to the rank of COL in the Regular Army with an effective date of promotion of 15 May 1968.

6.  On 11 September 1969, the applicant submitted a voluntary request for retirement with an effective retirement date of 1 January 1970.   
7.  Special Orders Number 200, Headquarters, Department of the Army, Washington, D.C., dated 16 October 1969, show the applicant would be retired on 1 January 1970 in the rank/grade of COL/O-6.

8.  The applicant's DD Form 214 confirms he was retired on 31 December 1969 and placed on the Retired List on 1 January 1970 in the rank/grade of COL/O-6.   

9.  The applicant's records are void of a promotion order, promotion board recommendation, or a promotion recommendation for the rank/grade of BG/O-7 from LTG J.S.

10.  The applicant provides self-authored statements about his qualifications, service, and progress warranting a Tombstone Promotion to the rank/grade of BG/O-7.

11.  Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the Active Duty List.  The General Officer Management Office will announce in writing the date for convening promotion selection boards for BG and will inform officers being considered for promotion of their eligibility.

12.  Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record.  It states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a Tombstone Promotion to the rank/grade of BG/O-7 was carefully considered.

2.  Although the applicant states LTG J.S. made a recommendation to him that he should be a general, his record is void of this evidence, a promotion order, or evidence of board consideration.  A recommendation for promotion alone, especially to the senior ranks of the Army, does not guarantee promotion.  Records show that at the time of his retirement, he held the rank/grade of COL/O-6.  

3.  Regrettably, the applicant has provided no evidence that there is an error or injustice in his official record that can be corrected. 

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20120005058



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ABCMR Record of Proceedings (cont)                                         AR20120005058



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