IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150002453 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150002453 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. IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150002453 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, correction of his records to show an earlier date of rank and effective date of promotion to master sergeant (MSG)/E-8. 2. The applicant states, in effect: a. A review of administrative failures should be done, which would include a review of the following: * the mishandling of his Military Occupational Specialty (MOS) Medical Review Board (MMRB) (currently known as the MOS Administrative Retention Review (MAR2)) * the inability of those responsible to ensure his official military personnel file (OMPF) was updated properly and in sufficient time for its review by the Master Sergeant (MSG) Selection Boards convened between 2007 and 2013 b. The processing delays resulted in a material error and were unjust. * the delays he experienced caused him not to be promoted to MSG until May 2014, 9 years after becoming a sergeant first class (SFC) * as a result he is now significantly behind his peers, despite the fact every noncommissioned officer evaluation report (NCOER) he received between 2008 to 2014 recommended his immediate promotion to MSG and/or first sergeant (1SG) c. From 2007 to 2011, he was medically flagged and, thus, was ineligible to attend required schools within the NCO Education System (NCOES); therefore, he could not be considered for promotion. The flagging action was initiated because of hearing loss he sustained while deployed in Iraq (2004-2005). * he made every effort to expedite the MMRB process, but was hindered by administrative failures within his unit and higher headquarters * after finally being cleared for retention, he completed the Senior Leader Course (SLC) for his MOS, made an effort to ensure his OMPF was updated, and submitted a packet to the supporting Regional Support Command (RSC) for consideration by the MSG Selection Board * unfortunately, he was not considered by the board because his file did not reflect his SLC completion * he had identified this error 5 months earlier and worked diligently with his unit to correct and update his OMPF * the unit's inability to properly update his OMPF caused him not to be considered for promotion until April 2013 * he was finally promoted in May 2014 3. The applicant provides: * 110 pages of documents and email correspondence related to his MMRB * 7 pages of email correspondence related to SLC attendance * DA Form 1059 (Service School Academic Evaluation Report) for SLC, covering the rating period 16 July 2011 through 13 August 2011 * SLC Graduation Certificate * 89 pages of email correspondence related to updating his OMPF and efforts to be promoted to MSG * promotion orders to SFC effective 25 March 2005 * promotion orders to MSG effective 1 March 2014 * NCOERs for rating periods from 1 September 2007 through 31 January 2014 * letter from the RSC Inspector General, dated 16 December 2014, recommending he submit an application to the Board CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 24 January 1995 and was honorably released from active duty on 24 January 2001, by reason of having completed his required active service. He was transferred to a troop program unit (TPU) position in the U.S. Army Reserve (USAR). At the end of his 8-year service obligation in the USAR, he reenlisted in the USAR on 28 May 2003. 2. He served multiple extensions and deployed to Iraq from 19 September 2004 through 28 August 2005. He is currently serving in the rank/grade of MSG/E-8 and is deployed to Afghanistan. 3. His OMPF contains the following relevant documents: a. Orders 05-095-00008, dated 5 April 2005, issued by Headquarters, 98th Division (Institutional Training), promoting him to SFC with a date of rank and effective date of 25 March 2005; b. memorandum, dated 28 April 2011, subject: Record of 99th RSC Regional Personnel Service Center (RPSC) Boards Branch MAR2 Panel, which essentially stated the applicant was retained in his current MOS. Additionally, it noted his permanent medical condition did not preclude satisfactory performance of his MOS in a worldwide field environment; c. DA Form 1059 for the academic rating period 16 July 2011 through 13 August 2011 reflecting his successful completion of SLC; d. Orders 14-133-00027, dated 13 May 2014, issued by the 99th RSC, promoting him to MSG with a date of rank and effective date of 1 March 2014; and e. Orders 15-294-00021, dated 21 October 2015, issued by the 99th RSC, amending the date of rank and effective date of promotion as reflected in Orders Number 14-133-00027 to 1 June 2012. 4. Advisory opinions were requested from the USAR Command (USARC) regarding the delays in MMRB processing and promotion consideration as described by the applicant. a. A representative of the USARC G-1 stated in an email, dated 21 October 2015, that the applicant's promotion eligibility was reevaluated under Fiscal Year (FY) 2012 criteria. As a result, amended orders (Orders 15-294-00021, dated 21 October 2015) were published which adjusted the applicant's date of rank and promotion effective date to 1 June 2012 (21 months, and 1 day earlier than shown in Orders 14-133-00027, dated 13 May 2014). b. In a second advisory opinion, dated 3 March 2016, a USARC representative essentially acknowledged: * the applicant performed due diligence in the MMRB/MAR2 process * there was evidence of a 2-year administrative delay directly resulting from miscommunication and discoordination with the applicant's unit * there was evidence the delays in MMRB/MAR2 processing hindered the applicant's successful completion of required military education (SLC) * USARC was not in a position to grant further relief beyond what had already been done to amend his date of promotion to MSG/E-8 5. The applicant was provided the results of both advisories. On 28 January 2016, he stated the adjustment of his date of rank and effective date of promotion addressed his request for relief with regard to his promotion. As to the MMRB advisory, on 30 March 2016, he indicated he had no comments or concerns. REFERENCES: 1. Army Regulation 600-60 (Physical Performance Evaluation System) prescribes policies and procedures for processing Soldiers for an evaluation by an administrative screening board when they have a permanent profile which contains a 3 or a 4 in one of the profile serial factors. This evaluation determines if the Soldier can perform satisfactorily in his/her primary MOS within a worldwide field environment. a. Soldiers assigned to USAR TPUs will appear before an MMRB within 120 days from the date of the permanent physical profile, as reflected on the DA Form 3349 (Physical Profile). b. Soldiers who require MMRB evaluation are ineligible to attend military schools until the MMRB is completed. 2. Army Regulation 40-501 (Standards of Medical Fitness) provides medical retention standards. a. Chapter 7 provides guidance for the physical profile serial system The profile is based on the function of body systems and their relation to military duties. There are six factors, designated as: * "P" for physical capacity or stamina * "U" for upper extremities * "L" for lower extremities * "H" for hearing * "E" for eyes * "S" for psychiatric b. Each factor is assigned a numerical designation from 1 to 4. * "1" represents a high level of medical fitness * "2" means there are some activity limitations * "3" equates to significant limitation * "4" indicates defects of such severity military duty performance is drastically limited 3. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribed policies and procedures for the promotion and reduction of Army enlisted Soldiers. It applied to the Active Army, Army National Guard, and USAR. a. Promotions to the rank of MSG are centralized, meaning a selection board is convened by the U.S. Army Human Resources Command to consider eligible Soldiers from across the entire Army. b. Soldiers who are pending referral to an MMRB will not be denied promotion if already promotable on the basis of medical disqualification, assuming they are otherwise qualified for promotion. c. To be eligible for promotion to MSG, the Soldier must have successfully completed SLC (formerly called the Advanced NCO Course). DISCUSSION: 1. As requested by the applicant, USARC conducted a review of his MMRB process and his eligibility for earlier promotion to MSG/E-8. Based on this review, his date of rank and effective date of promotion were adjusted to a date about 21 months earlier than initially designated. 2. By regulation, a Soldier cannot be promoted to MSG/E-8 until he or she has successfully completed SLC. The applicant's attendance at SLC was delayed through no fault of his own, but nonetheless he did not graduate SLC until August 2011. He thus was not eligible to be considered for promotion any earlier. 3. Based on the foregoing evidence, it appears the USARC appropriately corrected his date of rank and effective date of promotion to MSG/E-8 and no further change is warranted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150002453 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150002453 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2