IN THE CASE OF:
BOARD DATE: 6 October 2015
DOCKET NUMBER: AR20150003658
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 military records to show he was promoted to sergeant (SGT)/E-5.
2. He states that he received a "field promotion" in 1977 by Captain S______ for not going to college and taking a battery field test. He did receive his stripes, but no orders. He has been told the records department burned down. All he wants is a certificate to hang on the wall.
3. The applicant did not provide any supporting documentation.
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 29 July 1974. He held military occupational specialty 36K (Tactical Wire Operations Specialist).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Alaska from 8 December 1974 through 8 July 1976. The highest grade he attained was specialist four (SP4)/E-4 effective 1 December 1976.
4. He was released from active duty 28 July 1977. His DD Form 214 (Report of Separation from Active Duty) shows his rank as a SP4 with a date of rank of
1 December 1976.
5. His record does not show he was recommended for or promoted to SGT.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, states in paragraph 2-1 that the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge. For item 4a and 4b (Rank and Pay Grade) enter active duty grade of rank and pay grade at time of separation.
DISCUSSION AND CONCLUSIONS:
Other than his own statement, there is no available evidence showing the applicant was recommended for or promoted to SGT during his active duty service. In the absence of evidence corroborating his statement, there is an insufficient basis upon which to grant 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 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) AR20150003658
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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