IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120020253
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 a promotion to sergeant first class (SFC)/E-7.
2. The applicant states:
* his E-7 records were misplaced until he was discharged
* he went before a promotion board, but his records were not available
* he was recommended for E-7, but he never received the stripes or pay
* he did the work of an E-7, but he never received pay for this
* he was a supervisor
* he served as a first sergeant (E-8 position) in Vietnam for 6 months
3. The applicant provides:
* promotion packet
* service personnel records
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 was inducted into the Army of the United States on 8 March 1956. He was released from active duty on 23 December 1957 and transferred to the U.S. Army Reserve to complete his remaining service obligation. He enlisted in the Regular Army on 15 October 1958 and he remained on active duty through continuous reenlistments.
3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to staff sergeant (SSG)/E-6 effective 25 July 1966.
4. He served in Vietnam from 19 November 1967 to 20 December 1968 and from 15 December 1970 to 3 December 1971.
5. He provided a DA Form 2496 (Disposition Form), subject: Recommendation for Promotion, dated 16 June 1970, wherein he was recommended for promotion to SFC/E-7. He also provided a DA Form 3357-R (Board Recommendation), dated 23 June 1970, that shows he was recommended for promotion to E-7 by a majority of the Board's Membership.
6. He further provided a letter of support from his then supervisor (a colonel) to the President of the E-7 DA Enlisted Promotion Selection Board, dated
2 November 1973, wherein he recommended the applicant's appointment to SFC/E-7.
7. On 31 January 1977, the applicant retired by reason of sufficient service for retirement in the rank/grade of SSG/E-6.
8. There is no evidence of record and he did not provide any evidence that shows he was placed on a permanent recommended list for promotion to E-7 or that he was promoted to E-7 prior to his retirement on 31 January 1977.
9. Effective 1 June 1970, Department of the Army assumed control of the selection process for promotion to E-7.
10. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), currently in effect, provides the rules and steps for managing the centralized promotion system to SFC, master sergeant (MSG)/E-8, and sergeant major (SGM)/E-9. It states:
a. Headquarters, Department of the Army (HQDA) promotes Soldiers to the ranks of SFC, MSG, and SGM.
b. To standardize promotion qualification and to ensure promotion of the best qualified Soldiers, recommendation by a promotion selection board and placement on a permanent recommended promotion list is required for all promotions to SFC, MSG, and SGM.
c. HQDA will determine the total number of promotions to SFC, MSG, and SGM on a monthly basis. The DOR and effective date of promotion will be the same. Promotion is not valid and will be revoked if a Soldier is not in a promotable status on the effective date of promotion.
d. Soldiers must not have an approved retirement with the date of approval prior to the convening date of the selection board.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he should have been promoted to E-7 because he was recommended for promotion and he worked as an E-7 and a first sergeant was noted. Although it appears he was recommended for promotion to E-7 by a promotion selection board in 1970, there is no evidence he was selected for promotion or placed on a permanent recommended promotion list for E-7 prior to his retirement on 31 January 1977. Therefore, there is insufficient evidentiary basis for granting the applicant's 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) AR20120020253
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ABCMR Record of Proceedings (cont) AR20120020253
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