BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130006763
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 records to show he retired as a sergeant first class (SFC), pay grade E-7 rather than as a staff sergeant (SSG), pay grade E-6.
2. The applicant states he retired as an SSG, but he had previously served as an SFC. He also states that, while in the process of retiring, he was moving from the West Coast to the East Coast and couldn't get his rank straightened for his retirement documents. He was delayed in applying because he took an overseas position with a defense contractor and didn't have time to pursue this issue.
3. The applicant provides copies of his:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* application to the Army Grade Determination Board
* a printout from a U.S. Army Human Resources Command (HRC) website (www.hrc.army.mil/portal)
* a list of 2009 pay grade E-7 selectees from the Army Times
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, a career Regular Army Soldier, was promoted to SSG with a date of rank of 1 November 1999.
3. His original retirement orders, the 20 January 2009 modification thereto, and his retirement counseling checklist all show his rank as SSG.
4. The applicant retired on 31 May 2009 with 20 years, 5 months, and 22 days of continuous active duty service. His DD Form 214 shows his rank as SSG and his pay grade as E-6.
5. There is no order promoting the applicant to SFC, pay grade E-7.
6. The applicant submitted in support of his request the:
a. HRC webpage printout, dated 26 May 2009, showing his rank as SFC and his date of rank as 1 May 2009;
b. The Army Times list of 2009 pay grade E-7 selectees shows the applicant's sequence number as 2; and
c. his retired identification card showing his rank and pay grade as SFC/E-7.
7. Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system. In pertinent part it states that centralized promotion boards (for promotion consideration to grades E-7, E-8 and E-9) will select the best qualified soldier in each MOS for promotion. They will recommend a specified number of soldiers by MOS from zones of consideration who are the best qualified to meet the needs of the Army.
8. Army Regulation 600-8-19, paragraph 4-8 states Soldiers promoted to grades SFC, Master Sergeant, and Sergeant Major will incur a 2year service requirement. The service requirement will begin on the effective date of promotion. Soldiers not having sufficient time remaining must reenlist or decline promotion in accordance with paragraph 124 of this regulation.
DISCUSSION AND CONCLUSIONS:
1. There is no order promoting the applicant to SFC, pay grade E-7 and no evidence that he ever served or was paid in that capacity.
2. In accordance with the governing regulation, the applicant must have reenlisted in order to be promoted (which, since he retired, he did not) or must have declined the promotion.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130006763
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ABCMR Record of Proceedings (cont) AR20130006763
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