IN THE CASE OF: BOARD DATE: 23 August 2012 DOCKET NUMBER: AR20120003417 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 the rank/grade of master sergeant (MSG)/E-8 * correction of items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 December 2006 to show his rank/grade as MSG/E-8 * advancement on the Retired List to the rank/grade of MSG/E-8 2. The applicant states: * he was stationed at Logistical Support Area (LSA) Anaconda, Balad, Iraq in 2005 * he attempted to submit his promotion packet to be considered for promotion to MSG * his promotion packet was rejected due to his age and his inability to complete the service remaining requirement prior to reaching his mandatory removal date at maximum age * he was ordered out of Iraq for medical reasons, sent to Fort Dix, NJ, and placed on medical hold * he was transferred to the Retired Reserve on 11 December 2006 3. The applicant provides: * Orders 343-0001, issued by Headquarters, U.S. Army, Fort Dix, NJ, dated 9 December 2006 * DD Form 214 for the period ending 11 December 2006 * his promotion packet, consisting of: * 77th Regional Support Command (RSC) Senior Enlisted Promotion Checklist * 77th RSC Senior Enlisted Promotion Board Preference Statement * Orders 04-217-00109, issued by the 77th RSC, Fort Totten, NY, dated 4 August 2004 * DA Form 2a (U.S. Army Reserve (USAR) (Personnel Qualification Record), dated 23 February 2005 * DA Form 2-1 (Personnel Qualification Record – Part II), dated 20 July 2004 * DA Form 87 (Certificate of Training) for Military Intelligence Advanced Noncommissioned Officer Course (ANCOC) Phase II for the period 10-21 July 2000 * DA Form 1059 (Service School Academic Evaluation Report), dated 14 April 1996 * Transcripts from St. Louis Community College issued on 20 April 2005 * Operation Iraqi Freedom Certificate of Appreciation for the period 19 March to 11 April 2003 * Permanent Orders 182-002, issued by Headquarters, U.S. European Command, dated 1 July 2003 * Award citation for the Joint Service Achievement Medal, U.S. European Command * Award certificate for the U.S. European Command Joint Service Achievement Medal for the period 8 February 2002 to 7 February 2003 * Height/Weight Statement, dated 9 May 2005 * DA Form 705 (Army Physical Fitness Test Scorecard) for test dated 12 February 2005 * DA Form 3349 (Physical Profile), dated 4 February (year unknown) * Orders 319-47, issued by the U.S. Total Army Personnel Command, St. Louis, MO, dated 14 November 2000 * Memorandum for Record, subject: Verification of Personnel Security Clearance, dated 20 April 2005 * Memorandum to the President of the 77th Regional Readiness command (RRC) Senior Enlisted Promotion Board, undated * DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)), for the period February 2002 through January 2003 * NCOER for the period February 2004 through August 2004 * DD Form 214 for the period ending 2 February 2003 * DD Form 214 for the period ending 25 September 1999 * Orders 94-137-021, issued by the Headquarters, U.S. Army Reserve Command (USARC), Atlanta, GA, dated 20 April 1994 CONSIDERATION OF EVIDENCE: 1. The applicant was born on 12 January 1946. 2. On 17 October 1966, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty (MOS) 95B (Military Policeman). On 5 April 1968, he was honorably released from active duty and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. 3. On 27 November 1976, after a break in service, he enlisted in the USAR. His record shows he served in MOS 96D (Imagery Analyst) and MOS 96B (Intelligence Analyst), through multiple periods of reenlistment or extension in a variety of stateside and overseas assignments. He attained the rank/grade of sergeant first class (SFC)/E-7. 4. Orders 04-217-00109, issued by the 77th RSC, Fort Totten, dated 4 August 2004, ordered him to active duty effective 11 September 2004. 5. Orders 343-0001, issued by Headquarters, U.S. Army, Fort Dix, dated 9 December 2006, ordered his retirement effective 11 December 2006 and placement on the Retired List effective 12 December 2006. 6. On 11 December 2006, he was honorably retired by reason of temporary disability. The DD Form 214 he was issued shows he completed 2 years, 3 months, and 1 day of net active service this period; 6 years, 5 months, and 19 days of total prior active service; and 27 years, 27 years, 3 months, and 25 days of total prior inactive service. He was retired in the rank/grade of SFC/E7. 7. His available record contains no indication he was considered for promotion to MSG/E-8. 8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing the promotion and reduction of Army enlisted personnel, including those in the USAR. Chapter 5 prescribes policy for the promotion of USAR Soldiers assigned to Troop Program Units (TPU) of the USAR, Army Reserve Elements, and multi-component units. It states in: * paragraph 5-32, upon reaching age 57, USAR Soldiers are no longer eligible for promotion consideration * paragraph 5-42, USAR Soldiers who accept promotion to SFC or a higher rank/grade incur a 2-year TPU service remaining requirement from the effective date of promotion DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should be promoted to MSG/E-8 and advanced on the Retired List, and his DD Form 214 should be corrected to show he was separated from service in the rank/grade of MSG/E-8. 2. The evidence of record does not show he was considered for promotion. To the contrary, it shows he was ineligible for consideration due to his age, proximity to his mandatory removal date for maximum age, and inability to comply with a service remaining requirement upon promotion to a senior grade. Accordingly, he was properly placed on the Retired List in his rank/grade of SFC/E-7. 3. In view of the foregoing, there is no basis for granting the applicant's 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) AR20110015712 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120003417 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1