IN THE CASE OF:	  

		BOARD DATE:	    7 November 2013

		DOCKET NUMBER:  AR20130003641 


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 military service records to show he was promoted to the rank of sergeant first class (SFC).

2.  The applicant states he was denied promotion to staff sergeant (SSG) while assigned in the Republic of Vietnam (RVN) from 1965 to 1966.  As a specialist five (SP5) he assumed duties as the platoon sergeant without being told, because his platoon sergeant began drinking heavily and was not making formation.  

3.  The applicant states according to his company commander (CO) on two occasions he ruffled the feathers of the Battalion S-4 who was a captain that was his CO's rater.  His CO stated that he wanted to promote him but was told if he tried, he would get a bad evaluation that would ruin his career if he did.  He was also denied promotion to SFC when he was assigned to  the U.S. Army Europe (USAREUR) and Seventh Army from 1968 to 1971, while assigned to the Combined Arms, Seventh Army Training Center.  His colonel tried to get him promoted after he helped get the Army Supply Course up and running.  He has a number of awards and letters of appreciation/commendation acknowledging his duty performance but he was never promoted.

4.  The applicant provides:

* DA Form 20 (Enlisted Qualification Report)
* DA Form 2166-4 (Enlisted Efficiency Report)
* two Letters of Commendation 
* Letter of Appreciation
* General Orders Number 30, dated 10 February 1971, issued by Headquarters, Seventh Army Training Center
* General Orders Number 310, dated 1 June 1971, issued by HQ, USAREUR and 7th Army
* Scroll of Appreciation Certificate

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 had prior service in the Army National Guard.  On 
17 September 1952, he enlisted in the Regular Army.  He held primary military occupational specialty (MOS) 76S (Automotive Repair Parts Specialist) and secondary MOS 45L (Artillery Repair Foreman).  

3.  The applicant served in the RVN from 1965 to 1966 as a field artillery repairman.  While in the RVN he was awarded the Vietnam Service Medal, RVN Campaign Medal with Device (1960), National Defense Service Medal with (1st Oak Leaf Cluster), and Army Good Conduct Medal (3rd Award).  

4.  He was promoted to SSG on 21 February 1967.

5.  He served three tours in USAREUR.  His last assignment was from 
1968 to 1971 as an automotive repair parts specialist and instructor.  While in USAREUR he was awarded the Army Commendation Medal, he received superior performance pay, and he received two Letters of Commendation and a Scroll of Appreciation Certificate.  

6.  On 1 July 1971, the applicant retired in the rank and grade of SSG/E-6.


7.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies pertaining to career management of Army enlisted personnel, to include enlisted promotions and reductions.  A centralized promotion system went into effect for E-7s on 1 March 1969.  Centralized promotion boards (for promotion consideration to grades E-7, E-8 and E-9) would select the best qualified Soldier in each MOS for promotion.  They would recommend a specified number of Soldiers by MOS from zones of consideration who are the best qualified to meet the needs of the Army.  The total number selected in each MOS was the projected number the Army needs to maintain its authorized-by-grade strength at any given time.  Prior to the time the centralized promotion systems went into effect, individuals could have been recommended for promotion by the unit commander only against authorized position vacancies existing or projected for a 2-month period within the command as announced by the promoting authority.  A position vacancy in pay grade E-7 would not be filled by a promotion unless a replacement in grade had been requisitioned and notification had been received by the promotion authority that a replacement in the appropriate grade could not be furnished.  The individual who was next in line on the order-of-merit-recommended-list to fill the vacancy and for whom a promotion quota was received would be promoted by the losing commander.

DISCUSSION AND CONCLUSIONS:

At this late date, it cannot be determined if the applicant was recommended for promotion to SFC or, if he was, why he was not selected for promotion.  If he was recommended for promotion, there could have been any number of reasons why he was not selected for promotion.  In the absence of documentary evidence showing he was improperly denied promotion to SFC, there is no basis for 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)                                         AR20130003641





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ABCMR Record of Proceedings (cont)                                         AR20130003641



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