IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130014720
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank and pay grade as Staff Sergeant (SSG) E-6.
2. The applicant states that he was given a promotion to the pay grade of E-6 at his second-to-last unit. He never received his promotion while in the military and he feels that he is entitled to promotion to the pay grade of E-6. His unit commander never found the paperwork to authorize the promotion but he knew that he had been promoted.
3. The applicant provides a copy of his DD Form 214.
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 21 January 1981. He completed his training as a field wireman and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-5 on 1 April 1985.
3. His records show that he served a tour in Germany from 1982 to 1985, a tour in Panama from 1987 to 1989, and a tour in Hawaii from 1989 to 1992. He was transferred to Fort Sill, Oklahoma on 30 November 1992. His records also show that he was on the promotion standing list to the pay grade of E-6 with 658 points as of April 1995 and 646 points as of April 1996.
4. On 31 May 1997, he was honorably retired in the pay grade of E-5 under the provisions of Army Regulation 635-200, chapter 12 and the Voluntary Early Retirement Program. He had served 16 years, 4 months, and 10 days of active service.
5. A review of the available records shows no indication that the applicant met the Department of the Army (DA) promotion cut-off score for promotion to the pay grade of E-6 while he was on active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was promoted to the pay grade of E-6 at his second to last assignment has been noted and appears to lack merit.
2. The applicants second to last assignment was in Hawaii and he departed Hawaii in 1992 and served almost 5 years at Fort Sill. While his records reflect that he had promotion list standing as early as 1995, there is no evidence to show that he met the DA announced cut-off score for his military occupational specialty.
3. Therefore, in the absence of evidence to show that he met the DA announced cut-off score for his military occupational specialty, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130014720
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ABCMR Record of Proceedings (cont) AR20130014720
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