MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 May 2000                   
	DOCKET NUMBER:   AR2000036147

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That she be promoted to Sergeant First Class (SFC),    E-7.

APPLICANT STATES:  That from the day she was denied promotion to E-5 she has been set back throughout her career.  She could not compete for promotion or military schools because of that denial.  She had to separate as a result of the denial of her promotion and she enlisted in the U. S. Army Reserve (USAR) as an E-4.  Later the Board found that the denial had been in error and corrected her records to show she separated as an E-5.  She was then immediately eligible to compete for promotion to Staff Sergeant (SSG), E-6.  She has a little over 18 years of active service in, her date of rank to SSG is 1 October 1997, and she became eligible for promotion to SFC in October 1999.  She has to be promoted to SFC now or she will have to retire next year.  Had the initial error not occurred, she feels confident she would be an SFC or a Master Sergeant, E-8 by now.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the Regular Army on 15 November 1978.  She completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 75C (Personnel Management Specialist).  

At some point, the applicant was recommended for promotion to Sergeant (SGT),  E-5 and placed on a promotion list.  In December 1984, she met the cut-off score for promotion to SGT with a date of rank of 4 November 1984; however, the servicing regional personnel company determined that her promotion worksheet was invalid because new data had been obtained and deducted 58 points from her.  This meant she no longer met the cut-off score.  She was not promoted, did not meet the cut-off score again, and upon her expiration term of service on 2 June 1987 had to separate because she was at the retention control point for E-4s. 

The applicant enlisted in the USAR on 3 June 1987.  On 10 June 1990, she was voluntarily ordered to active duty in an active guard/reserve (AGR) status in the grade of E-4.  

The applicant applied to the Board for correction of her records to show she was promoted to SGT effective 1 December 1984.  On 23 January 1991, in accordance with an advisory opinion obtained from the U. S. Total Army Personnel Command, the Board granted the applicant full relief and corrected her records to show she was promoted to SGT 1 December 1984.  She was promoted to SSG effective 1 October 1997.

Army Regulation 140-158 prescribes policy and procedures governing the classification, advancement, promotion, reduction and grade restoration of applicable USAR soldiers.  Paragraph 4-9 governs the selection and promotion of AGR soldiers to SSG through Sergeant Major.  It states that promotion to SSG and above will be made through the centralized process against existing or projected vacancies in the AGR Program.  Soldiers will be promoted in the MOS recommended by the board, according to their sequence number on the list.  Incumbency in a position will not afford a soldier promotion ahead of another eligible soldier with lower sequence number in the same MOS.  Eligibility for promotion consideration is based on date of rank.  The criteria for primary zone and secondary zone consideration for each grade will be announced by Headquarters, Department of the Army before each board.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board is empathetic with the applicant’s problem.  However, promotions to higher grades whether in the Regular Army or in the USAR are contingent upon a number of conditions.  In the applicant’s case, had the initial error not occurred force requirements at the time of her eligibility for consideration to promotion to higher grades may still have precluded her promotion.  Due to different circumstances, i. e., different duty assignments or different duty expectations in light of her higher grade, her duty performance may not have been as successful as it actually was.  

2.  To presume that had the initial error not occurred the applicant would have been promoted to SFC by now is purely speculative.  The Board concludes such speculation is insufficient to warrant granting the relief requested.

3.  Unfortunately, in view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __gdp___  __tbr___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036147	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.