IN THE CASE OF: 

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130016567 


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 U.S. Army Reserve
(USAR) records to show:

* His active Reserve service
* Promotion to Staff Sergeant (SSG)/E-6
* Change in his military occupational specialty (MOS)

2.  The applicant states he submitted an application for disability in 2011 and was informed he was never credited with his promotion to staff sergeant (SSG)/E-6 or the proper retirement points for his service in the Active U.S. Army Reserve (USAR).  He worked for the Federal Government and served in the Active USAR for 31 years from 1971 to 1999.  Additionally, his MOS was incorrectly listed.

3.  The applicant provides:

* Two self-authored statements, dated 14 August 2012 and 4 September 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Letter Orders Number 03-1036188, dated 10 March 1971
* Honorable Discharge Certificate, dated 25 March 1971
* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 4 October 1972


* 1AA Form 156 (Oath of Extension of Enlistment), dated 3 October 1979
* 1AA Form 817 (Request for Change of MOS), dated 8 August 1977
* Promotion Recommendation and Board Report, dated 8 August 1977
* Copy of military identification and meal cards
* Certificate of Appreciation, dated October 1980
* Letter Orders Number 07-1043335, dated 31 July 1982
* Letter from the U.S. Army Human Resources Command (HRC) Human Resources Service Center, dated 25 July 2013
* AHRC Form 606-E (Statement of Retirement Points), dated 24 July 2013

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.  He enlisted in the Regular Army on 26 March 1965.  He was trained in and held MOS 76J (Medical Supply and Parts Specialist).  He served in Alaska from October 1965 to October 1967.  He was promoted through the ranks to specialist four (SP4)/E-4 on 8 April 1966 and specialist five (SP5)/E-5 on 12 January 1968. 

3.  He was honorably released from active duty on 25 March 1968 and transferred to USAR Control Group (Reinforcement).  His DD Form 214 shows his permanent grade/rank as SP4/E-4 and his temporary rank grade as SP5/E-5. His MOS was listed as 76J2O, wherein the number 2 indicates his skill level by virtue of his temporary rank/grade of E-5.

4.  Letter Orders Number 03-1036188, issued by the Office of the Adjutant General, U.S. Army Administration Center (currently HRC) on 10 March 1971 honorably discharged him from the USAR Control Group (Reinforcement) effective 25 March 1971.


5.  His record contains a DD Form 4 showing he enlisted in the USAR on 4 October 1972, in the rank/grade of SP5/E-5, and for a period of 6 years.  As such, his expiration term of service (ETS) date would have been 3 October 1978. 

6.  His record contains a Promotion Recommendation and Board Report Form dated 8 August 1977 which listed his current rank as SP5 and shows he was recommended for promotion to SSG.  However, his record does not contain orders promoting him to SSG.

7.  He provided a 1AA Form 817 dated 8 August 1977 which shows his commander indicated that since 30 August 1976 he had been serving in a SSG position with the Duty MOS (DMOS) of 76Y3O (Unit Supply Specialist).  His commander requested that his MOS be changed from 76J2O to 76Y3O.  His commander further indicates the change would be necessary if he was promoted to SSG.  However, his records do not contain any orders showing his MOS was changed from 76J2O to 76Y3O.

8.  His record contains a DA Form 2155-5 (Enlisted Evaluation Report) for the rating period September 1977 through August 1978 which lists his/shows:

* Grade as E-5
* Primary MOS (PMOS) as 76Q2O (Special Purpose Materiel Supply Specialist) 
* DMOS as 76Y3O (Unit Supply Specialist) 
* Duty position title as supply sergeant/E-6
* He was overweight 

9.  Orders Number 13-1, issued by Headquarters, 1st Brigade, 89th Division, Fort Indiantown Gap, Annville, PA, on 28 June 1979 withdrew PMOS 76Q2O and awarded him PMOS 76Y2O and secondary MOS 76Q2O.  Additionally, these orders show his rank as SP5.

10.  It appears the applicant reenlisted in the USAR for a period of 1 year on 
9 September 1978.  However, the DD Form 4 for this enlistment was not in his record.  This reenlistment would have extended his ETS date to 3 October 1979.

11.  His record contains a 1AA Form 156 dated 3 October 1979 that shows he extended his 9 September 1978 reenlistment for 1 year and was given the new ETS date of 3 October 1980.  Additionally, this form listed his rank as SP5.  This form states that he was extending because he was in the weight control program.


12.  Orders Number 110-6, issued by Headquarters, 1st U.S. Army, Fort Meade, MD, on 5 June 1980 released him from his assignment and transferred him to the USAR Control Group (Reinforcement) effective 12 April 1980 because his employment/business interfered with his attendance.  These orders listed his rank as SP5.

13.  Letter Orders 07-1043335, issued by the U.S. Army Reserve Components Personnel and Administration Center (another previous name for HRC) on 
31 July 1982 honorably discharged him from the Ready Reserve effective 
1 August 1982.  His rank was listed as SP5.

14.  His record contains an AHRC Form 606-E, dated 24 July 2013 which shows:

	a.  He served on active duty in the Regular Army from:

* 26 March 1965 to 25 March 1966 and earned 365 retirement points
* 26 March 1966 to 25 March 1967 and earned 365 retirement points
* 26 March 1967 to 25 March 1968 and earned 365 retirement points

	b.  He served in the USAR from:

* 26 March 1968 to 25 March 1969 and earned 15 [membership points] retirement points
* 26 March 1969 to 25 March 1970 and earned 15 [membership points] retirement points
* 26 March 1970 to 25 March 1971 and earned 15 [membership points] retirement points

	c.  He had a break in service from 26 March 1971 to 3 October 1972.

	d.  He served in the USAR from:

* 4 October 1972 to 3 October 1973 and earned 15 [membership points] retirement points
* 4 October 1973 to 3 October 1974 and earned 45 retirement points
* 4 October 1974 to 3 October 1975 and earned 15 [membership points] retirement points
* 4 October 1975 to 3 October 1976 and earned 66 retirement points
* 4 October 1976 to 3 October 1977 and earned 61 retirement points
* 4 October 1977 to 3 October 1978 and earned 71 retirement points
* 4 October 1978 to 3 October 1979 and earned 50 retirement points


* 4 October 1979 to 3 October 1980 and earned 15 [membership points] retirement points
* 4 October 1979 to 3 October 1980 and earned 13 [membership points] retirement points

15.  Army Regulation 140-185 provides the policy for training and retirement point credits for members of the USAR.  Paragraph 1-3 states that only Ready Reserve Soldiers and Active Standby Reserve are authorized retirement point credit.  

16.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) states, to be promoted to SSG, the Soldier must be in a promotable status, listed on a valid permanent promotion recommended list, and in the proper sequence order when promoted off the list.  The promotion authority will identify the Soldier on the list that will be promoted into the vacancy and notify the promotion authority.  The promotion authority will then publish the promotion orders.  The effective date of the promotion will be the date of the assignment to the vacancy.  Chapter 3 prescribes policies and procedures for the promotion of Soldiers assigned to troop program units not serving on active guard reserve status.  

	a.  Paragraph 3-2b states that field grade commanders of any unit authorized a commander in the grade of O-5 or higher may promote Soldiers assigned to units in their command. 

	b.  Paragraph 3-3a states that Soldiers selected for promotion by boards are identified on a list maintained by an Army Reserve Command/General Officer Command/Regional Support Command.  Promotion from the list is by sequence and military occupational specialty based on a position vacancy within a reasonable distance of the Soldier's residence.

	c.  Paragraph 3-9a states that, to standardize promotion qualification throughout the USAR and to ensure promotion of the best qualified Soldiers, promotion selection board action is required for all promotions to sergeant and staff sergeant.

	d.  Paragraph 3-9b states that E4s and E5s may be recommended for selection board consideration without regard to position vacancy provided they meet basic eligibility requirements.  


	e.  Paragraph 3-9c states that promotion to sergeant and staff sergeant will be based solely on order of sequence by MOS on the recommended list, an appropriate vacant position; and promotable status.

	f.  Paragraph 3-28b states that all Soldiers assigned to a TPU who reside within a reasonable distance of a current or projected position vacancy will be considered by the promotion selection board.  Soldiers who do not live within a reasonable distance of announced position vacancies or projected vacancies may request consideration by the selection board.  This is provided the Soldier is within the announced zone of consideration and is in a promotable status.

17.  Army Regulation 140-158, chapter 8 specifies the NCO Educational System (NCOES) requirements for each NCO rank.  In pertinent part, it states that E-6s must be a graduate of the Basic Noncommissioned Officer Course (BNCOC).  Paragraph 8-19 states that a Soldier may be promoted to sergeant through master sergeant on the condition he or she enroll in and successfully complete the course required for that grade.  If the grade requires the Soldier be a graduate of BNCOC, the Soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of BNCOC within  24 months of the Phase I completion date.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Regular Army from 26 March 1966 to 25 March 1968 and in the USAR Control Group Reinforcement Individual Ready Reserve (IRR) from 26 March 1968 to 25 March 1971.  He was discharged from the IRR on 25 March 1971.  After his discharge he held no military status until he enlisted in the USAR on 4 October 1972.

2.  He served in the USAR from 4 October 1972 until he was separated and transferred into the IRR on 12 April 1980.  He was discharged from the IRR on 1 August 1982.  The evidence of record shows he held no military status from 
26 March 1971 to 3 October 1972 and from 1 August 1982 until the present.  Army Regulation 140-185 prohibits those without a military status from accumulating retirement points.

3.  With respect to his retirement points: 

	a.  HRC compiled his retirement points for him in June 2013.  There is no evidence of record, and the applicant has not provided evidence, to show his statement of retirement points is incorrect.  

	b.  If the applicant believes his record of retirement points is incorrect, he must submit a request for correction of his points to the Commander, U.S. Army Human Resources Command, Fort Knox, KY for an audit.  He must also provide documentary evidence of his contested retirement points.

4.  With respect to his promotion:

	a.  The applicant confuses a recommendation for promotion with a firm promotion to the higher grade.  The available evidence shows the applicant was recommended for promotion to SSG/E-6.  However, there is no evidence he met the cut-off scores for his MOS, or that he met the NCO educational requirements, or that he was assigned to a higher grade position in the recommended MOS, prior to his separation.

	b.  Promotion to E-6 was not automatic upon being recommended for promotion and placed on a promotion list.  Absent the publication of the promotion instrument - a promotion order - there is insufficient evidence to grant him the requested relief in this case.  

5.  With respect to his MOS: 

	a.  When the applicant served on active duty from March 1965 to March 1968, he was trained in and held MOS 76J.  This is listed on his DD Form 214 that captured his active service.  When the applicant enlisted in the USAR in 1972, he did so in MOS 76J.  

	b.  Although he may have performed in multiple specialties during his USAR service, the only official document that exists in his service record is the order that awarded him PMOS 76Y and SMOS 76Q on 28 June 1979.  This order is already in his service record. 

	c.  He indicated that his MOS was incorrect; however, he did not specifically indicate what his correct MOS should be or what correction he seeks.  Therefore, there is insufficient evidence to justify correcting any record referring to his MOS.

6.  Based on the foregoing, there is insufficient evidence to grant 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)                                         AR20130016567



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ABCMR Record of Proceedings (cont)                                         AR20130016567



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