IN THE CASE OF:
BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130006504
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 that his records be corrected to show that he was promoted to the rank of sergeant (SGT).
2. The applicant states that he completed the Primary Noncommissioned Officer Course (PNCOC) and the promotion review board but did not receive his promotion to the rank of SGT.
3. The applicant provides his DA Form 1059 (Service School Academic Evaluation Report) and a DA Form 2496-1 (Disposition Form) showing that he was scheduled for appearance before a promotion review board.
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 enlisted in the Regular Army on 12 July 1977 for a period of 3 years and training as a combat engineer. He completed his one-station unit training at Fort Leonard Wood, Missouri and was transferred to Fort Sill, Oklahoma for his first assignment. He was advanced to the pay grade of E-4 on 21 October 1978.
3. On 4 February 1979, he was transferred to Germany, and on 30 August 1979 he completed PNCOC.
4. On 8 July 1980, he was honorably released from active duty (REFRAD) in the pay grade of E-4. He had served 2 years, 11 months, and 27 days of active service.
5. A review of his official records failed to show evidence of the applicant attaining promotion list standing or meeting the promotion cut-off score.
6. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, served as the authority for the promotion of enlisted personnel. It provides, in pertinent part, that individuals must attain promotion list standing and meet the Department of the Army announced cut-off score for their military occupational specialty (MOS) in order to be promoted to the pay grade of E-5.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been promoted to the pay grade of E-5 prior to his REFRAD has been noted. However, the applicant has failed to show through the evidence of record and evidence submitted with his application that he attained promotion list standing and met the Department of the Army announced cut-off score for his MOS.
2. Therefore, in the absence of such evidence there appears to be no basis to grant his request to be promoted.
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) AR20130006504
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130006504
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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