IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130021763
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 record be corrected to show he was selected for promotion to sergeant first class (SFC)/E-7 in fiscal year (FY) 1991 (FY91) and received the appropriate date of rank (DOR) and effective date.
2. The applicant states he was in the primary zone for promotion to SFC in FY91. His records were not submitted for consideration for promotion for the FY91 SFC Promotion Board. His records were submitted for the FY92 Board and he was selected with a DOR of 1 August 1992.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Following prior active and inactive service, the applicant enlisted in the Regular Army on 5 September 1990. He held military occupational specialty 92B (Medical Laboratory Specialist).
2. He was promoted to staff sergeant (SSG)/E-6 effective 24 June 1985 with a DOR of 1 April 1985. The effective date of his promotion to E-6 was changed by this Board to 1 May 1985.
3. Orders show he was promoted to SFC on 7 July 1992 with an effective date and DOR of 1 August 1992.
4. The applicant retired effective 30 June 1995 under the voluntary early retirement program in the rank/grade of SFC/E-7. He had completed
15 years, 9 months, and 3 days of creditable active duty service with 3 years,
4 months, and 22 days of total inactive service.
5. On 20 March 2014, an advisory opinion was obtained in the processing of this case from the Chief, Department of the Army Promotions Branch, U.S. Army Human Resources Command (HRC). The advisory official stated that after a review of records available to that office no evidence was found to substantiate the applicant's claim that he was not considered for promotion during the FY91 SFC Board which convened on 1 October 1990.
6. On 20 March 2014, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. No response was received.
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel. Chapter 4 provides the rules and steps for managing the Centralized Promotion System to SFC, MSG, and SGM (sergeant major). The Commander, HRC, promotes Soldiers to the grades of SFC, MSG, and SGM. HRC will determine and announce the total number of promotions to SFC, MSG, and SGM on a monthly basis.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have been selected for promotion by the FY91 SFC Selection Board.
2. There is no available evidence and the applicant did not provide any evidence to substantiate his claim that he was not considered for promotion during the FY91 SFC Board which convened on 1 October 1990. Therefore, there is an insufficient evidentiary basis for granting the applicant's 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) AR20100025190
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ABCMR Record of Proceedings (cont) AR20130021763
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