IN THE CASE OF:
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130019721
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, through his Member of Congress, correction of his records to show he was discharged in the rank/grade of sergeant (SGT)/E-5 vice specialist four (SP4)/E-4.
2. The applicant states he was promoted to SGT/E-5.
3. The applicant provides:
* Certificate of Promotion
* Honorable Discharge Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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's records show he enlisted in the Regular Army on 29 March 1978. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 64C (Heavy Vehicle Driver).
3. 69th Personnel Service Company Orders 88-16, dated 11 April 1980, promoted him to SP4/E-4 with an effective date and date of rank of 11 April 1980.
4. He served in Germany with the 590th Transportation Company from 23 July 1985 to 18 February 1987. In November 1985, his chain of command recommended him for promotion to SGT by submitting an initial DA Form 3355 (Promotion Point Worksheet) recommending him to appear before a promotion board.
5. There is no indication in his records that confirms:
* he appeared before a promotion board
* he was recommended for promotion by a promotion board
* his name was approved to be added to or incorporated into a promotion standing list
* he met the cut-off scores for his MOS
* he was issued promotion orders to SGT/E-5
6. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record Part II) shows the rank of SP4 as the highest rank he attained effective 11 April 1980.
7. In February 1987, he out-processed his unit in Germany en route to Fort Dix, NJ, for separation. His DA Form 137 (Installation Clearance Record) listed his rank as SP4.
8. Headquarters, U.S. Army Training Center, Fort Dix, NJ, Orders 050-368, dated 19 February 1987, discharged him from active duty effective 19 February 1987. The orders list his rank as SP4.
9. He was honorably discharged from active duty on 19 February 1987. His DD Form 214 shows he completed 8 years, 10 months, and 21 days of active service. His DD Form 214 also shows in:
* item 4a (Grade, Rate, or Rank) SP4
* item 4b (Pay Grade) E-4
* item 12h (Effective date of Pay Grade) 11 April 1980
10. On 20 February 1987, he executed a 3-year enlistment in the U.S. Army Reserve. He did so in the rank of SP4.
11. U.S. Army Reserve Personnel Center Orders D-02-013900, dated 14 February 1990, honorably discharged from the U.S. Army Reserve in the rank of SP4 effective 19 February 1990.
12. He provided:
a. a Certificate of Promotion signed by a lieutenant colonel showing he was promoted to SGT on 7 December 1986 and
b. two Honorable Discharge Certificates reflecting his rank/grade as SP4/E-4.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to SP4/E-4 on 11 April 1980. He held this rank/grade until he was honorably discharged on 19 February 1987.
2. Although his records contain an initial promotion recommendation, there is no evidence he appeared before a promotion board and was recommended for promotion. More importantly, there is no evidence he met the cutoff score for his MOS and his records are void of the promotion orders.
3. It is unclear why he has a promotion certificate since nothing in his official records corroborates such promotion. In the absence of the promotion orders, there is insufficient evidence to correct his records to show he was discharged in the rank of SGT/E-5.
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 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) AR20130019721
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ABCMR Record of Proceedings (cont) AR20130019721
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