IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004271
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 specialist (SPC)/E-4.
2. The applicant states:
a. he was not promoted to the rank of SPC/E-4 before he was discharged.
b. his basic active service date was 10 January 2000 and his date of rank for private first class (PFC) was 1 February 2001.
c. according to Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions), Section II, paragraph 2-3(c), "The promotion to SPC requirements are 24 months TIS (time in service) and 6 months TIMIG (time in grade)."
d. his 24-month mark would have been approximately 10 January 2002 for TIS eligibility and his PFC/E-3 TIMIG was for approximately 12-13 months.
e. he was not automatically promoted from PFC to SPC as he should have been per AR 600-8-19.
f. there is no reason why he should not have been promoted. Perhaps it was due to an administrative error in the enlisted records section or a system error.
g. he had no disciplinary actions taken against him that would have prevented such an action from taking place.
3. The applicant provides:
* DA Form 4187 (Personnel Action)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 10 February 2000 for a period of 6 years. He was awarded military occupational specialty (MOS) 67T (UH-60 helicopter repairer).
3. He provides a DA Form 4187 which shows he was advanced to PFC effective 1 February 2001.
4. On 20 April 2002, he was honorably discharged by reason of physical condition, not a disability.
5. His DD Form 214 shows in:
* Item 4a the entry "PFC"
* Item 4b the entry "E3"
* Item 12h the entry "2001 02 01" (1 February 2001)
6. There is no evidence in the available records which show he was recommended for advancement to SPC prior to his discharge on 20 April 2002.
7. AR 600-8-19, in effect at the time, stated promotion to PFC and SPC was not automatic and required the unit commander's recommendation.
DISCUSSION AND CONCLUSIONS:
The applicant contends he was not automatically promoted to SPC before he was discharged. However, the governing regulation, in effect at the time, stated promotion to PFC and SPC was not automatic and required the unit commander's recommendation. Since there is no evidence which shows his unit commander recommended he be advanced to SPC, there is insufficient evidence on which to base 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) AR20090010900
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130004271
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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