IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20150005552 


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.  He states he was recently diagnosed with post-traumatic stress disorder (PTSD) which was a result of his service in the Republic of Vietnam (RVN).  He explains that he received a pamphlet describing the symptoms of PTSD and it read like his life since his tour in Vietnam in 1969.  He describes the problems he encountered during his daily duties and dealing with his superiors which he contributes to his PTSD.  He maintains that the worst decision he made was leaving his primary military occupational specialty (PMOS) of 96B (Intelligence Analyst).  He concludes that during his tenure he was recognized with three Meritorious Service Medals (MSMs), four Army Commendation Medals (ARCOMs), and four Army Achievement Medals (AAMs).   

3.  The applicant provides a Department of Veterans Affairs (VA) Rating Decision, dated 24 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's military records are not available to the ABCMR for review.  An exhaustive search was conducted to locate his records to no avail.  His application is being considered based on the information he provided and the documents contained in his application for combat-related special compensation located in the Interactive Personnel Electronic Records Management System.

3.  Records available show the applicant was retired on 31 December 1989 and he was credited with completing over 20 years of active duty service. 

4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in:

* Item 4a/4b (Grade, Rate or Rank)/(Pay Grade) sergeant first class (SFC)/E-7
* Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) 94B, Intelligence Analyst, 5 years and 10 months and 71D, Legal Specialist, 15 years and 4 months
* 12h (Effective Date of Pay Grade) 1 March 1982
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Armed Forces Expeditionary Medal
* ARCOM (3rd Oak Leaf Cluster)
* Army Service Ribbon
* Army Good Conduct Medal (AGCM) (6th Award)
* Two Overseas Service Ribbons
* Noncommissioned Officer Professional Development Ribbon
(Numeral 3)
* RVN Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* AAM (3rd Oak Leaf Cluster)
* MSM (2nd Oak leaf Cluster)
* German Marksmanship Qualification Badge (Gold)
* Meritorious Unit Citation
5.  His DD Form 215 (Correction to DD Form 214) shows he was also awarded the Korea Defense Service Medal.

6.  The applicant's record is void of any evidence that shows he was selected for promotion to MSG/E-8.

7.  The rating decision document from VA shows the applicant received a disability rating for 50 percent for PTSD effective 25 September 2006.

8.  Army Regulation 600-200 (Enlisted Personnel Management System), 
chapter 7, in effect at the time, prescribes the centralized promotion system and the selection and promotion to grades E-7, E-8, and E-9.

   a.  Paragraph 7-36, states, in pertinent part, that eligibility for promotion consideration to E-8 is based on date of rank (DOR) and cumulative enlisted service.  It also states for promotion to E-8, the eligibility criteria listed below must be met before the Department of the Army (DA) board convenes to qualify a Soldier for inclusion in a zone of consideration:

* Meet announced DOR requirements and other eligibility requirements criteria prescribed by Headquarters DA
* Have 8 to 10 years cumulative enlisted service 
* Be serving on active duty in an enlisted status on the convening date of the selection board
* Have a high school diploma or general educational development equivalent or an associate or higher degree
* Not be barred from reenlistment or denied reenlistment through the qualitative screening process

   b.  Soldiers who are not selected for promotion by DA boards will not be provided specific reasons for nonselection.  Board members may not record their reasons nor give any reasons for selection or nonselction.  Selections are based on relative qualification and the projected need in each career management field for E-8 and E-9 and by MOS for E-7. 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any to show that he should have been promoted to MSG/E-8.

2.  Although he argues that his PTSD caused him to reclassify from his PMOS of 96B, there is no evidence and he has not provided any to show he would have been promoted to E-8 if he stayed in that MOS.  Based on his DOR to E-7, it appears that he was promoted to that grade in his PMOS of 71D. 

3.  Further, the fact that he was diagnosed with PTSD is not sufficient evidence to prove that his PTSD caused and/or contributed to his nonselection to E-8.  The evidence of record shows he continued to Soldier as evidenced by his three awards of the MSMs, four ARCOMs, four AAMs, and the 6th award of the Army Good Conduct Medal.  

4.  In view of the foregoing, there is an insufficient basis to grant his 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)                                         AR20150005552



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ABCMR Record of Proceedings (cont)                                         AR20150005552



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