BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130016890
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 rank to show sergeant first class (SFC) instead of staff sergeant (SSG).
2. The applicant states the unit he was assigned to was deactivated and he was assigned to the Dwight David Eisenhower Army Medical Center, Fort Gordon (DDEAMC), GA.
3. The applicant provides:
* Army Good Conduct Medal Certificate
* Certificate of Retirement
* Noncommissioned Officer Evaluation Report for the period ending June 1995
* DA Form 2A (Personnel Qualification Record (PQR) - Part I)
* DA Form 2-1 (PQR - Part II)
* two letters from the Defense Finance and Accounting Service, dated
19 February 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 3Â 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 11 July 1978. He completed training and was awarded military occupational specialty 19D (Cavalry Scout).
3. The applicant served in various positions within and outside of the continental United States. On 24 December 1983, he was promoted to the rank and grade of SSG/E-6.
4. Item 27 (Remarks) of the applicant's DA Form 2-1 shows that on
10 March 1994 a copy of his PQR was forwarded to the U.S. Army Enlisted Records and Evaluation Center for an SFC Promotion Board.
5. On 28 May 1996, he was assigned to the Medical Holding Company, DDEAMC, Fort Gordon, GA. On 31 October 1996, he retired and on
1 November 1996 he was placed on the Temporary Disability Retired List.
6. Item 4a (Grade, Rate, or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending shows the entry "SSG." Item 4b shows the entry "E6."
7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies pertaining to career management of Army enlisted personnel, to include enlisted promotions and reductions. A centralized promotion system went into effect for E-7s on 1 March 1969. Centralized promotion boards (for promotion consideration to grades E-7, E-8 and E-9) would select the best qualified Soldier in each MOS for promotion. They would recommend a specified number of Soldiers by MOS from zones of consideration who are the best qualified to meet the needs of the Army. The total number selected in each MOS was the projected number the Army needs to maintain its authorized-by-grade strength at any given time.
DISCUSSION AND CONCLUSIONS:
At this late date, it cannot be determined if the applicant was selected for promotion to SFC, but it appears that as of 1994 he had not been selected for promotion. In the absence of documentary evidence showing he was improperly denied promotion to SFC, there is no basis for granting 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) AR20130016890
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130016890
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090013890
The applicant's records also show he enlisted in the Regular Army (RA) for a period of 3 years on 28 December 1960 and was honorably discharged on 16 April 1963 in the rank/grade of sergeant/E-5 for the purpose of immediate reenlistment. Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record (PQR)) shows he performed the following duties: a. The applicant's records also show a copy of his PQR was forwarded to the U.S. Army Enlisted Records and...
ARMY | BCMR | CY2014 | 20140007023
The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows his rank/grade as SSG/E-6 and that he completed 20 years and 3 days of active service. Promotions to E-7, E-8, and E-8 were (and continue to be) centralized at the Department of the Army Level via annual promotion boards that select Soldiers for advancement to the next higher grade. Since the applicant was not selected for promotion by a promotion board, he is not entitled to promotion.
ARMY | BCMR | CY2008 | 20080013158
The applicant provides the following documents in support of his application: ARNG Current Annual Statement, dated 2 November 2005; National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), effective 1 June 1998; Office of the Adjutant General of Virginia (OTAG) Orders 132-043, dated 12 May 1998; 1995 SSG Promotion List, dated 11 February 1996; Headquarters, 80th Division (Institutional Training) Orders 135-18, dated 30 November 1994; 229th Engineer Battalion, 29th...
ARMY | BCMR | CY2011 | 20110007884
The applicant requests correction of his military records to show he was considered and selected for promotion to the rank/grade of sergeant first class (SFC)/E-7 with retroactive retirement in that grade. The applicant contends that his military records should be corrected to show he was considered and selected for promotion to SFC/E-7 and to retroactively retire him in that grade because his diploma for completion of BNCOC was not filed in his OMPF. The available evidence of record...
ARMY | BCMR | CY2002 | 2002071280C070402
On 30 June 1995, the effective date of the MOS conversion, the applicant was reclassified into MOS 31R20P7. The applicant met all these requirements at the time of the MOS conversion and should have been converted to MOS 31S with the ASI of Y2 at that time. In view of the facts of this case, the Board concludes that it would be appropriate at this time to correct the effective date of the applicant’s reclassification into MOS 31S to 30 June 1995.
ARMY | BCMR | CY2007 | 20070015615
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 February 2008 DOCKET NUMBER: AR20070015615 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's records show that he was selected for promotion to SFC/E-7 by the 1996 Department of the Army Centralized Promotion Board. It states, in pertinent part, that warrant officer and enlisted members of...
ARMY | BCMR | CY2014 | 20140018593
IN THE CASE OF: BOARD DATE: 15 September 2015 DOCKET NUMBER: AR20140018593 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he completed 1 year, 8 months, and 20 days of active service during this period. c. The evidence of record shows the applicant's case was referred to a general court-martial.
ARMY | BCMR | CY2009 | 20090005461
The applicant states there was a push to control failures of the Noncommissioned Officer Education System (NCOES) candidates by requiring Soldiers to pass the Army physical fitness test (APFT) at the unit. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, stated that effective 1 October 1993, the Army linked NCOES to promotion to SSG, SFC, master sergeant (MSG) and sergeant major (SGM). The applicant accepted the promotion with the condition and...
ARMY | BCMR | CY2014 | 20140016684
The applicant requests reconsideration of his earlier request for correction of his military records as follows: * constructive service credit for active duty from 6 November 1997 (date erroneously discharged) to 29 July 2007 (date properly discharged) * consideration for promotion to sergeant major (SGM)/E-9 2. The Board recommended denial of the application that pertains to promoting him to the rank/grade of SGM/E-9; however, the Board recommended all state Army National Guard records and...
ARMY | BCMR | CY2010 | 20100027630
The applicant's military record shows he enlisted in the Regular Army on 31 May 1974. The evidence of record fails to show any error or injustice related to the applicant's promotion consideration and/or non-selection. Absent evidence of any error or injustice in the selection process, it is presumed it was the objective best judgment of the selection board at the time that the applicant was not among the best qualified within his MOS based on the needs of the Army when he was considered...