BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130012083
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, in effect, correction of his record to show he was promoted to staff sergeant (SSG)/E-6.
2. He states he was promoted to SSG/E-6 in September or October 1989 while he was serving in Germany, but the promotion was not entered in his records. He does not have a copy of his promotion order.
3. He provides no documentary evidence in support of his request.
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 served in the Regular Army (RA) from 2 June 1972 to 30 May 1975. On 15 June 1980, he enlisted again in the RA, where he served for approximately 11 years.
3. Orders in his record show he was promoted to specialist five/E-5 (later converted to sergeant (SGT)) effective 1 November 1982.
4. His record does not contain orders promoting him to SSG/E-6. However, a DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period ending April 1990 shows he held the rank of SSG with a date of rank (DOR) of 1 August 1989.
5. On 11 May 1990, his battalion commander imposed nonjudicial punishment (NJP) against him under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for operating a vehicle while drunk and leaving the scene of an accident in which he was involved without making his identity known. His commander imposed punishment that included reduction to SGT/E-5. The applicant's appeal of the punishment was denied.
6. His NCOER for the period ending October 1990 shows he held the rank of SGT with a DOR of 11 May 1990.
7. On 8 July 1991, he was honorably discharged as a SGT/E-5. Item 12h (Effective Date of Pay Grade) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at that time shows the effective date of his pay grade was 31 May 1990.
8. He later served in the Alabama Army National Guard (ALARNG) and U.S. Army Reserve. He was honorably discharged from the ALARNG on 5 October 1998 as a SGT/E-5, and he was honorably discharged from the U.S. Army Reserve effective 13 August 2002 as a SGT/E-5.
9. His record is void of documentation showing he was promoted to SSG/E-6 after his reduction to SGT/E-5 on 11 May 1990.
10. Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time of his reduction to SGT/E-5, provided the authority for the promotion and reduction of enlisted personnel. It stated that field grade commanders of any organizations authorized a lieutenant colonel or higher grade commander were authorized to administratively reduce Soldiers in pay grades E-5 and E-6 for misconduct under the provisions of Article 15, UCMJ.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was promoted to SSG/E-6 during his second RA enlistment; however, shortly after he was promoted he received field-grade NJP reducing him to SGT/E-5. There is no evidence indicating that he was promoted to SSG/E-6 after his reduction. His promotion and reduction are documented in his record.
2. In view of the foregoing, there is no basis for granting the relief he has requested.
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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