IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009130
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 he be promoted to the rank of sergeant (SGT).
2. The applicant states, in effect, that he should have been promoted to the rank of SGT because he appeared before two promotion boards and was twice recommended. He goes on to state that the points dropped in his last month of service but he does not know why he was not promoted.
3. The applicant provides a one-page letter explaining his application, promotion board results, temporary duty authorization (DA Form 662), Enlisted Efficiency Report, commendatory documents, orders appointing him as an acting sergeant, and his DD Form 214 (Report of Separation 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 enlisted in the Regular Army on 15 June 1972 for a period of 3 years, training as a wheel vehicle mechanic and assignment to Fort Campbell, Kentucky. He completed his basic training at Fort Polk, Louisiana and was transferred to Fort Campbell to undergo his advanced individual training. He completed his training and remained at Fort Campbell.
3. On 16 April 1974 he was transferred to Germany. He appeared before a battalion E-5 promotion selection board on 19 September 1974 and was selected and integrated on the promotion standing list with 552.0 points.
4. On 6 February 1975, he again appeared before a battalion E-5 promotion selection board and again was selected and integrated on the promotion standing list with 654.8 points.
5. On 6 June 1975, he was honorably released from active duty (REFRAD) in the pay grade of E-4 at Fort Sheridan, Illinois due to the expiration of his term of service. He had served 2 years, 11 months and 22 days of active service.
6. A review of the applicants official records shows that he was on the promotion standing list at the time of his REFRAD; however, there is no evidence contained in his records to show that he met the Department of the Army (DA) announced promotion cut-off score prior to his REFRAD.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been promoted to the rank of SGT prior to his REFRAD has been noted; however, based on the available evidence his contention appears to lack merit.
2. While he was in fact on the promotion standing list for promotion to SGT, the applicant has provided no evidence to show that he met the DA announced promotion cut-off score prior to his REFRAD.
3. Therefore, in the absence of such evidence, there appears to be no error or injustice or a basis to grant his request.
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) AR20140009130
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009130
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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