BOARD DATE: 4 February 2016 DOCKET NUMBER: AR20150016828 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, automatic promotion to specialist (SPC)/E-4. 2. The applicant states, in effect: a. By regulation, she should have been automatically advanced to SPC on 20 March 2011. The only thing that would have stopped an advancement to SPC would have been her company commander circling "No" on the AAA-117, submitting a DA Form 4187 (Personnel Actions) to stop the promotion, and flagging her under code PA. None of those steps were completed by the 121st Combat Support Hospital (CSH) commander. In July 2011, her battalion S-1 personnel showed the AAA-162 (Unit Personnel Accountability) roster with her chain of command approving her rank of SPC. b. Two commands WBJJBB0 (121st CSH, U.S. Army Garrison- Yongsan) and W2L306 (A Company, Medical Department Activity (MEDDAC), Fort Benning, GA) indicated that she should have been advanced to SPC on 20 March 2011, in accordance with Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions). Her 121st CSH Commander (Captain (CPT) Wo--e) stated that they could not make the correction because she was no longer a part of his command. The MEDDAC Commander could not make the administrative correction to her records because the chain of command did not make the mistake. c. She submitted her first Inspector General (IG) complaint regarding this situation in 2010 to Ms. Rh---a Mo---y, 8th Army IG representative. Ms. Mo---y agreed with her complaint and suggested she resolve the issue at her next duty station in Fort Benning. Upon being stationed at Fort Benning, GA in 2010, she attempted to resolve the issue and found out that the 121st CSH completed administrative action on her while she was no longer in that unit (against regulation). She submitted another IG complaint at Fort Benning but the IG never submitted her complaint and actually said that they were not going to do anything. She then submitted a complaint via the reprisal IG channel and in August 2014, she spoke to the IG's reprisal office and they told her that she submitted her complaint to them in error. The reprisal office literally told her that they agree that there was an issue but their office was not suitable to resolve it; however, they suggested that she submits another complaint with 8th Army. They were unable to help her. She then requested they close the investigation. d. In August 2014, she opened another investigation with an 8th Army IG representative, Sergeant First Class (SFC) Be--o, Aa---ie. Simultaneously, she told Senator Levin's aide that she was concerned because the paperwork would only have to be kept on file at 121st CSH for 36 months and that time was coming upon her; the SFC was unable to resolve her complaint. At this time her Congressional complaint transferred from Senator Levin to Senator Stabenow's office (Senator Levin retired). The 8th Army investigation was able to get her Certificate of Achievement added to her Enlisted Record Brief; however, time had elapsed, they were unable to find the records necessary to support her original complaint. In August 2015, she contacted the 121st CSH Battalion S-1 Noncommissioned Officer in Charge, Staff Sergeant (SSG) La--a Ne---ez. who reviewed the documents and stated that she should have been automatically advanced to SPC on 20 March 2011, the only thing that would have stopped the advancement would have been the company commander circling no on the AAA-117, submitting a DA Form 4187 to stop the promotion, and flagging her under code PA. Unfortunately that happened 4 years ago and the S-1 Office does not keep archives over 36 months. The SSG suggested that she go through the Army Review Boards Agency; especially after completing 2 IG complaints, two commands, and two Michigan Congressional complaints. 3. The applicant does not provide any additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) in the rank/grade of SPC/E-4 for a period of 3 years on 2 October 2008. She initially held military occupational specialty (MOS) 68P (Radiology Specialist). 2. Her reduction orders and/or Enlisted Record Brief are not available for review with this case. However, according to the Enlisted Distribution and Assignment System (EDAS) database maintained by the U.S. Army Human Resources Command (HRC) her records show she: * served in Korea from 19 July 2010 to 19 July 2011 * was reduced to private first class (PFC)/E-3 on 20 September 2010 * was promoted back to SPC/E-4 on 20 August 2011 3. She served with U.S. Army MEDDAC at Fort Benning, GA, from about August 2011 to about August 2014. During this period she: * executed a 48-month extension in the RA, on 11 December 2012, to meet the service obligations for another program; she did so in the rank of SPC * completed the Counter-Intelligence (CI) Special Agent Course at Fort Huachuca, AZ from 31 March through 30 July 2014; her DA Form 1059 (Service School Academic Evaluation Report) shows her rank as SPC * was issued orders on 30 July 2014 from the U.S. Army Intelligence Center at Fort Huachuca awarding her MOS 35L (CI Agent); the orders listed her rank as SPC 4. On 26 August 2014, Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA published orders promoting her to sergeant (SGT)/E-5 effective 1 September 2014. 5. She again served in Korea from about August 2014 to about August 2015. Following that, she was reassigned to the 163rd Military Intelligence Company at Fort Hood, TX. 6. An advisory opinion was received from the U.S. Army Human Resources Command on 16 December 2015, in the processing of this case. An official at the promotions branch recommended denial of the applicant's request. The official stated the applicant is requesting an automatic promotion to SPC effective 20 March 2011. On 20 March 2011, she was a SPC due to her reduction to PFC/E-3 was not initiated in eMILPO until 22 June 2011. The reason for this is unknown as to why the unit waited 9 months to submit the reduction transaction. The applicant stated in her promotion request that the unit did not submit a "PA" flag transaction to prevent the SPC automatic promotion. The PA flag transaction was not required due to her initial rank of SPC was in eMILPO 20 March 2011. She entered into the Army as a SPC/E-4 on 2 October 2008 and is not eligible for an automatic promotion to SPC. She was eligible for promotion from PFC to SPC as of 20 March 2011, provided she was otherwise qualified in accordance with AR 600-8-19, paragraph 1-10. Promotion to SPC would have required her Company Commander to recommend promotion as early as 20 March 2011. 7. The applicant was provided with a copy of this advisory opinion to give her an opportunity to submit comments and/or a rebuttal. She did not respond. DISCUSSION AND CONCLUSIONS: 1. The complete facts surround what occurred in her case are not available for review with this case. However, based on HRC's records, it appears the applicant was reduced to PFC/E-3 as a result of an Article 15 on 20 September 2010, but her reduction was not initiated in eMILPO until many months later. It is unknown why the unit waited 9 months to submit the reduction transaction. 2. She stated that the unit did not submit a "PA" flag transaction to prevent the her automatic promotion. The PA flag transaction was not required due to her initial rank of SPC in eMILPO on 20 March 2011. She entered the Army as a SPC/E-4 on 2 October 2008 and she was not eligible for an automatic promotion to SPC. 3. She was eligible for promotion to SPC as of 20 March 2011, provided she was otherwise qualified. However, promotion to SPC would have required her company commander to recommend promotion as early as 20 March 2011. It appears she was recommended for promotion to E-4 by her commander on 20 August 2011. That is the date of rank her records reflect. There is insufficient evidence that shows her commander recommended her for promotion on 20 March 2011. 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) AR20150016828 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150016828 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1