IN THE CASE OF:
BOARD DATE: 30 July 2015
DOCKET NUMBER: AR20140019093
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 promotion to master sergeant (MSG)/E-8.
2. The applicant states:
* he was promoted to sergeant first class (SFC)/E-7 on 5 May 1983
* he waited more than 10 years for his promotion to MSG/E-8 due to budget cuts in the Army
* he was selected for promotion to MSG/E-8 by a board of officers on 1 October 1993
* he was denied this promotion when out-processing
3. The applicant provides:
* retirement orders
* certificate of promotion
* order of merit certificate
* training and achievement certificates
* numerous award certificates
* diploma
* letter from a Member of Congress, dated 10 October 2014
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 enlisted in the Regular Army on 12 December 1973 and he remained on active duty through continuous reenlistments.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 18 (Appointments and Reductions) that he was promoted to SFC/E-7 effective 5 February 1983 and
b. item 27 (Remarks) that a copy of his Personnel Qualification Record was forwarded to the U.S. Army Enlisted Record and Evaluation Center on 3 March 1992 for the MSG selection board.
4. On 31 December 1993, he retired in the rank/grade of SFC/E-7 by reason of sufficient service.
5. There is no evidence of record and he did not provide any evidence showing he was selected for promotion to MSG/E-8 or that he was promoted to MSG/E-8 prior to his retirement on 31 December 1993.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, provided the rules and steps for managing the centralized promotion system to SFC/E-7, MSG/E-8, and sergeant major (SGM)/E-9. It stated:
a. Headquarters, Department of the Army (HQDA), promotes Soldiers to the ranks of SFC/E-7, MSG/E-8, and SGM/E-9.
b. A centralized promotion system had been in effect for promotion of enlisted Soldiers since 1 March 1969 for MSG/E-8.
c. Selections by HQDA boards would be based on impartial consideration of all eligible Soldiers in the announced zone. Selections would be made by military occupational specialty. Boards would select the best qualified in each military occupational specialty for promotion.
d. HQDA will determine the total number of promotions to SFC/E-7,
MSG/E-8, and SGM/E-9 on a monthly basis. The date of rank and effective date of promotion will be the same. Promotion is not valid and will be revoked if a Soldier is not in a promotable status on the effective date of promotion.
e. Soldiers must not have an approved retirement with the date of approval prior to the convening date of the selection board.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was selected for promotion to MSG/E-8 by a board of officers on 1 October 1993.
2. Notwithstanding the evidence of record which shows his Personnel Qualification Record was forwarded to the U.S. Army Enlisted Record and Evaluation Center on 3 March 1992 for the MSG/E-8 selection board, there is no evidence he was selected for promotion or promoted to MSG/E-8 prior to his retirement on 31 December 1993. 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 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) AR20140019093
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ABCMR Record of Proceedings (cont) AR20140019093
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