BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150000776
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, in effect, promotion to sergeant/E-5.
2. The applicant states:
a. She understands that no pay is involved, but it's a matter of principle.
b. Prior to volunteering for assignment to the U.S. Army Reserve (USAR) Control Group (Annual Training), she was told if she attended college and completed a career program her military occupational specialty (MOS) could be changed and she could return as active Reserve. She honored the verbal agreement.
c. She attempted to return to active Reserve status in 2000/2001 and she was rejected. She was told she was medically unfit.
d. Her life would have been different today if she returned to active Reserve status or active duty. She would have thrived in the military and become at least a sergeant.
e. She understands that she is not eligible to participate in the military at this time. It's her parents' and her dream to become a second lieutenant or at least a sergeant in the military. Most of her peers are deceased or disabled, but they were promoted prior to and while at war.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* service personnel records
* USAR discharge orders, dated 5 November 1996
* Honorable Discharge Certificate
* diplomas
* college transcripts
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 USAR on 3 November 1988 for 8 years. She was ordered to active duty for training on 21 March 1989 and she was released from active duty on 28 July 1989. She was awarded MOS 43M (fabric repair specialist).
3. Item 18 (Appointments and Reductions) of her DA Form 2-1 (Personnel Qualification Record Part II) shows her:
* advancement to specialist on 1 October 1993
* reduction to private first class on 28 June 1994
4. She was honorably discharged from the USAR on 5 November 1996. Her discharge orders show her rank as specialist.
5. There is no evidence that shows she was recommended and selected for promotion to sergeant/E-5.
6. She provided evidence that shows she was awarded:
* an associate's degree in 1994
* a bachelor's degree in 1996
* a master's degree in 1999
7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated appointments, grade reductions, and grade restoration were announced in routine orders for enlisted personnel to grades E-3 through E-9.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the evidence of record shows that at the time the applicant was discharged from the USAR on 5 November 1996 she held the rank of specialist/E-4.
2. There is no evidence which shows she was recommended and selected for promotion to sergeant by proper authority prior to her discharge on 5 November 1996. Therefore, there is insufficient evidence on which to base 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) AR20150000776
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