BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130008097
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, in effect, he was recommended for promotion to E-7 and believes he should have been promoted before his retirement.
3. The applicant provides:
* Recommendation for promotion
* Statement of service
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 16 July 1951. He was released from active duty on 16 July 1953 and transferred to the U.S. Army Reserve to complete his remaining service obligation. He enlisted in the Regular Army on 28 August 1953 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 17 May 1966.
4. He provides a DA Form 2496-1 (Disposition Form), subject: Recommendation for Promotion to SFC/E-7, dated 19 May 1970, wherein he was recommended for promotion to SFC/E-7.
5. His records contain DA Forms 3356-R (Board Member Appraisal Worksheet) which show three board members did not recommended he be promoted to SFC.
6. On 30 April 1972, the applicant retired by reason of sufficient service for retirement in the rank/grade of staff sergeant/E-6.
7. 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 30 April 1972.
8. Effective 1 June 1970, Department of the Army assumed control of the selection process for promotion to E-7.
9. 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:
1. The applicant's contention that he was recommended for promotion to E-7 and believes he should have been promoted before his retirement was noted. Although it appears he was recommended for promotion to E-7 in 1970 by his unit commander, promotion board members recommended he not be promoted to SFC.
2. Since 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 30 April 1972, 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.
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