IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140009166
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 retroactive promotion to colonel (COL)/O-6.
2. The applicant states:
* he was the victim of religious discrimination
* he was born in 1934 and commissioned in 1956
* the new division commander fired him because he was Jewish
* his evaluations show he was very highly rated
3. The applicant provides:
* DA Form 67-6 (U.S. Army Officer Efficiency Report)
* two DA Forms 67-7 (U.S. Army Officer Evaluation Report)
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 was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) on 16 June 1956.
3. He provided an officer efficiency report covering the period 1 September 1971 to 31 August 1972 which shows his performance of duties as a major was rated as superior.
4. He was promoted to lieutenant colonel (LTC) effective 9 November 1973.
5. He also provided:
a. an officer evaluation report covering the period 1 June 1973 to 31 May 1974 which shows his performance of duties was rated as outstanding.
b. an officer evaluation report covering the period 1 September 1974 to 31 August 1975 which shows his performance of duty was rated as superior.
6. His records contain an undated letter of notification stating he was identified for consideration for promotion in the USAR by a board convening on 23 October 1978.
7. There are no promotion orders in his records showing he was promoted to COL.
8. On 28 June 1983, he was reassigned to the USAR Control Group (Retired) in the rank of LTC.
9. His records contain no evidence indicating he was a victim of religious discrimination.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record and the applicant provided no evidence showing he was a victim of religious discrimination.
2. Since there is no evidence showing he was recommended for or promoted to COL prior to his reassignment to the Retired Reserve, there is insufficient evidence on which to base 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 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) AR20140009166
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009166
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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