IN THE CASE OF:	   

		BOARD DATE:	  22 October 2015

		DOCKET NUMBER:  AR20150001698 


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 correction of his records to show he was promoted to the rank/grade of sergeant first class (SFC)/E-7.

2.  The applicant states:

* he was promoted from staff sergeant (SSG)/E-6 to SFC/E-7 by Colonel (COL) R____ M____, Commander, Headquarters and Headquarters Company, Combat Equipment Group Southwest Asia, Doha, Kuwait, while he was serving in support of Operations Desert Shield/Desert Storm
* he never received his promotion
* the original DA Form 4187 (Personnel Action) was given to SSG K____ G____ to deliver to COL S____ C___, Commander, Headquarters and Headquarters Company, U.S. Army Central Command
* SSG K____ G____ was in trouble with the Kuwaiti officials and he had to leave the country in a hurry
* the DA Form 4187 was never delivered to COL S____ C____, but returned to the United States with SSG K____ G____
* he called SSG K____ G____ several times after his return to the United States and inquired about the DA Form 4187
* SSG K____ G____ indicated he would send it, but he never did
* he has failing health and desires to settle his case as soon as possible


3.  The applicant provides:

* locally-produced oath of enlistment/reenlistment featuring the poem, "Soldier," by George L. Skypeck
* two DA Forms 2166-7 (Noncommissioned Officer Evaluation Report)
* Army Training and Security-Kuwait memorandum, undated, subject:  Promotion Recommendation (applicant)
* Veterans of Foreign Wars of the United States Operation Hometown note, dated 10 July 1992
* letter from COL S____ E. C____, dated 15 March 1997
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 September 1992
* DD Form 215 (Correction to DD Form 214) the period ending 11 September 1992
* Congressional correspondence

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.  Having prior periods of honorable service in the Army of the United States, Army National Guard, and Regular Army, the applicant enlisted in the Army National Guard on 24 May 1973 in the rank/grade of specialist four (SP4).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows his promotions as follows:

* specialist five/E-5 effective 3 January 1977
* SSG/E-6 effective 3 June 1979

4.  His DD Form 214 for the period ending 27 October 1992, as amended by a DD Form 215, dated 11 August 1993, shows:
* he was ordered to active duty in support of Operations Desert Shield/Desert Storm
* he served in Southwest Asia during the period 16 July 1991 to 31 July 1992
* his rank/grade as SSG/E-6
* he was honorably released from active duty on 11 September 1992

5.  On 28 June 1998, he was honorably discharged from the ARNG and transferred to the U.S. Army Reserve Retired Reserve.  His National Guard Bureau Form 22 (Report of Separation and Record of Service) for this period shows his rank/pay grade as SSG/E-6 and his date of rank as 3 June 1979.

6.  He provided:

	a.  a DA Form 2166-7 for the period November 1991 through March 1992 showing his rank/pay grade as SSG/E-6 and he received "Successful-2" and "Superior-2" ratings from his senior rater;

	b.  a handwritten, partially completed DA Form 2166-7 showing his rank/pay grade as SSG/E-6;

	c.  a promotion recommendation for SFC, undated,

	d.  a Veterans of Foreign Wars of the United States, Operation Hometown note from Command Sergeant Major (CSM) M____ to COL C____, dated 10 July 1992, stating a DA Form 4187 was signed by COL M____ and Lieutenant M____ of U.S. Army Kuwait.  The only item missing was the actual orders.  SSG K____ G____ was to deliver (hand carry) the original DA Form 4187 to the United States; and

	d.  a letter to whom it may concern from COL S____ E. C____, dated 15 March 1997, stating a memorandum from CSM M____, U.S. Army Kuwait, was sent to his attention concerning the applicant's promotion.  He thought everything would have been processed according to regulations and he was very surprised it had not been accomplished.  It appeared that the paperwork was carried back to the United States in error.  He requested accomplishment of the applicant's promotion as soon as possible, effective 10 July 1992 as approved.

7.  His records are void of and he failed to provide evidence showing he was selected for promotion to SFC or orders were published promoting him to SFC.

8.  National Guard Regulation 600-200 (Enlisted Personnel Management), in effect at the time, prescribed policies and procedures for advancement, promotion, lateral appointment, and reduction of enlisted personnel.

	a.  Paragraph 6-18 stated promotion to specialist through sergeant major required the recommendation of the unit commander; concurrence would be obtained from other commanders as appropriate.

	b.  Paragraph 6-23 stated the Soldier had to be selected as "best qualified" by a board and orders would cite this paragraph as authority for promotion to SFC.

	c.  Table 6-3 (Promotion Criteria) provided the promotion or convening authority for SFC was the field grade commander of a unit authorized a commander in the rank of COL.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for promotion to SFC was carefully considered.

2.  Although the applicant provided evidence showing he was recommended for promotion to SFC, his records are void of and he failed to provide evidence showing he was selected by a promotion board or that orders were issued promoting him to SFC.

3.  In view of the foregoing evidence, there is an insufficient basis for 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)                                         AR20150001698



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ABCMR Record of Proceedings (cont)                                         AR20150001698



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