IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150005462 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: 29 March 2016 DOCKET NUMBER: AR20150005462 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: 29 March 2016 DOCKET NUMBER: AR20150005462 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 that she be placed on the Retired List in pay grade E5. 2. The applicant states Soldiers on a promotion list who are retired for physical disability will be retired at the promotion list grade. Since her date of rank (DOR) to specialist (SPC) was 1 October 2011, she should have been placed on the automatic promotion list to sergeant (SGT) as she had met the requirements by completing structured self-development (SSD) Level 1 and maintained her Army Physical Fitness Test (APFT) and weapons qualifications for her entire career. 3. The applicant provides: * DA Form 3595-R (Record Fire Scorecard) * DA Form 705 (Army Physical Fitness Test Scorecard) * Enlisted Record Brief (ERB) * Retirement orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 February 2015 CONSIDERATION OF EVIDENCE: 1. On 16 November 2009, she enlisted in the Regular Army (RA). She was promoted to SPC on 1 October 2011. 2. She served in Afghanistan from 3 June 2011 - 31 May 2012 and she immediately reenlisted on 9 October 2012. 3. Her DA Form 705, dated 23 July 2013, shows she passed her latest APFT. Her DA Form 3595-R, dated 9 October 2013, shows she passed her weapons qualification. Her ERB shows she graduated from SSD Level 1. 4. On 3 November 2014, an informal Physical Evaluation Board (PEB) found the applicant physically unfit and recommended a disability rating of 30 percent. She concurred and waived a formal hearing in her case. She did not request reconsideration of her Department of Veterans Affairs ratings. 5. On 22 February 2015, she was retired for disability and placed on the Retired List the following day. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her rank as SPC/pay grade E-4 with a DOR of 1 October 2011. 6. On 26 January 2016, Chief, Department of the Army Promotions, U.S. Army Human Resources Command (HRC) provided an advisory opinion for this case stating: a. The Junior Enlisted Promotion section indicated the applicant's promotion records did not reflect any promotion points at the time of separation. b. The applicant was not promotable and was not authorized a promotion upon separation. 7. On 5 February 2016, the applicant was provided a copy of HRC's advisory opinion. She did not provide a rebuttal or comments in response to the opinion. REFERENCES: Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. a. Paragraph 1-10 provides a list of conditions that makes Soldiers (SPC through master sergeant) non-promotable to a higher grade. An expired APFT is not among those conditions listed. b. Paragraph 1-20a states Soldiers in the Disability Evaluation System process who are pending a medical fitness determination (referral to a medical evaluation board under Army Regulation 40–400, or PEB under Army Regulation 635–40) remain otherwise eligible for promotion consideration, selection, and pin-on. The issuance of a permanent profile of "3" or "4" alone will not be used as the sole basis for determining primary military occupational specialty disqualification. c. Paragraph 1-20e states per the provisions of Title10 United States Code, section 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list. d. Paragraph 3-1c states Unit commanders (CDRs) will consider all Soldiers (SPC, CPL, and SGT) meeting the basic eligibility requirements (tables 3-1 and 3-2) for promotion recommendation on a monthly (RA and United States Army Reserve (USAR) Army Guard Reserve) or quarterly (USAR Troop Program Unit, or multi-component units) basis. Soldiers who are competent in their current rank who show potential to serve at positions of increased responsibility will be recommended for promotion to the next higher rank. This step is a critical element of ensuring the Army develops noncommissioned officer (NCO) leaders within the framework of leader development doctrine in order to man future formations. (1) Promotion boards will review the unit CDR’s recommendation and validate a Soldier’s recommendation with a yes or no vote to the promotion authority, recommending whether a Soldier should be integrated onto the promotion recommended list. (2) The final decision to integrate a Soldier onto the promotion recommended list rests with the promotion authority. (3) Once integrated onto a promotion recommended list, Soldiers compete for promotion based on the accumulation of promotion points. e. Because promotion scores are a function of an automated process, there is no promotion packet. Upon receipt of the promotion board’s recommendation the promotion authority’s decision to authorize integration of a Soldier onto the promotion recommended list will be by memorandum. The recommending unit will maintain the original memorandum and provide a copy to all Soldiers considered by the promotion authority during the given month. The recommending unit will maintain a copy of the memorandum for 1 year after the Soldier departs the unit. Soldiers should maintain a copy for their personal records. f. Table 3-1 included the following criteria for recommendation for promotion to SGT: * military education - must have completed SSD (level 1) * Secondary zone: 17 months time in service (TIS), 6 months time in grade (TIG) * Primary zone: 35 months TIS, 7 months TIG * Command list integration: 47 months TIS, 11 months TIG DISCUSSION: 1. Unit CDRs consider all Soldiers (SPC, CPL, and SGT) meeting the basic eligibility requirements for promotion recommendation on a monthly basis. Soldiers who are competent in their current rank who show potential to serve at positions of increased responsibility will be recommended for promotion to the next higher rank. This step is a critical element of ensuring the Army develops NCO leaders within the framework of leader development doctrine in order to man future formations. The applicant's records do not show she was recommended for promotion by her unit commander. 2. HRC stated the applicant's promotion records did not reflect any promotion points. She was not promotable at the time of her separation. 3. She was not on a promotion list at the time of retirement for disability. She did not meet the criteria set forth in paragraph 1-20e of Army Regulation 600-8-19. 4. She was retired at the rank/grade she held on the date of retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005462 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005462 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2