IN THE CASE OF:
BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120008082
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, promotion to master sergeant (MSG).
2. The applicant states, in effect, he served in an MSG position and was told he would be promoted if he would reenlist for 2 years, which he believed was unfair. He states that given he served in an MSG position as a sergeant first class (SFC), it seems a reasonable request that he should be promoted to the rank in which he successfully served.
3. The applicant provides a self-authored statement in support of his request.
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's military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered based on the applicant's DD Form 214 and the documents he submitted.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 22 January 1952. Item 3 (Grade Rate Rank and Date of Appointment) lists his rank as SFC and his date of appointment as 20 September 1953.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 21 October 1953, after completing 1 year and 9 months of net active service.
5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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 promotion to MSG has been carefully considered. However, there is insufficient evidence to support this claim.
2. Army policy in effect at the time and current policy does not provide for promotion simply based on serving in a position in the higher grade. The applicant by his own admission was never promoted to MSG by proper authority while serving on active duty. Therefore, there is an insufficient evidentiary basis to support his promotion to MSG at this late date.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action related to promotion to MSG 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.
___________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) AR20120008082
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