BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130015347
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 restoration of his rank to staff sergeant (SSG), pay
grade E-6.
2. The applicant states he was "unjustly reduced for the reason of disrespect." The information was based on favoritism.
3. The applicant provides no additional evidence.
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 U.S. Army Reserve (USAR), in pay grade E-3, on 12 April 1984. He held military occupational specialty 11B (infantryman). He was promoted to pay grade E-5 on 3 October 1990 and to pay grade E-6 on 16 November 1992.
3. A review of his military records located in the integrated Personnel Electronic Records Management System and the Soldier Management System, located on the Integrated Web Service of the U.S. Army Human Resources Command failed to reveal a copy of promotion orders for pay grade E-6.
4. He reenlisted in the USAR on 4 January 2002.
5. His record contains a copy of Orders Number 04-064-0013, issued by Headquarters, 87th Division, dated 5 March 2004, reducing him from pay grade E-6 to pay grade E-5 with an effective date of 19 August 2003 and date of rank of 3 October 1990, under the provisions of Army Regulation 140-158 (Army Reserve Enlisted Personnel Classification, Promotion, and Reduction), paragraph 7-12(d-g).
6. On 10 February 2005, he was issued a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).
7. Army Regulation 140-158, in effect at the time, set the policy and procedures governing the classification, advancement, promotion, reduction, and grade restoration of applicable USAR Soldiers. The regulation states in:
* Paragraph 7-1 the policy and procedures governing grade reduction and restoration of USAR Soldiers
* Paragraph 7-12(d-g) stated the other reasons for discharge were failure to complete school, erroneous enlistment grades, and failure to qualify in MOS
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to SSG/E-6 on 16 November 1992. In March 2004, he was reduced to pay grade E-5 with an effective date of 19 August 2003 and date of rank of 3 October 1990 in accordance with Army Regulation 140-158, paragraph 7-12(d-g).
2. Army Regulation 140-158, paragraph 7-12(d-g), provided for the reduction, of USAR Soldiers for failing to complete school, or erroneous enlistment grade, and/or failure to qualify in MOS.
3. The exact reason for his reduction is unknown; however, there is no evidence nor has he provided any evidence to show that his reduction to pay grade E-5 was in error or that an injustice occurred. Based on all the available evidence, his promotion and reduction are presumed to have been carried out in accordance with Army regulations and policies.
4. In view of the foregoing, there is insufficient evidentiary evidence to support granting him the 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.
ABCMR Record of Proceedings (cont) AR20130015347
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