IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150009865 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 correction of his records to show he was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 October 2014. 2. The applicant states he was recommended by a promotion board for promotion to the rank/grade of SSG/E-6 on 28 March 2014; however, he was removed from the eligibility list on 30 May 2014 after being subjected to an erroneous bar to reenlistment. The bar was meant for another Soldier with the same last name. Had he not been erroneously barred, he would have made the cutoff score for promotion to SSG in the primary zone on 1 October 2014. At that time, he had 280 points and the cutoff score was 206 points. 3. The applicant provides: * a memorandum for the Commander, 2nd Battalion, 3rd Field Artillery Regiment, from the Command Sergeant Major serving as the President of the Enlisted Promotion Board, dated 26 March 2014, subject: Promotion Board Proceedings for Promotion to Sergeant (SGT) and SSG * a memorandum for the Promotion Work Center from the Commander, 2nd Battalion, 3rd Field Artillery Regiment, dated 26 March 2014, subject: Promotion Board Proceedings for Promotion to SGT and SSG * Promotion Point Worksheet (PPW) Developmental/Self-Assessment Tool, Promotion to SSG/E-6, dated 28 March 2014 * his enlisted record brief, dated 1 April 2014 * an extract of the Department of the Army Promotion Point Cutoff Scores for 1 October 2014 and Junior Enlisted Issues for the Active Army (AA) * a memorandum for record (MFR) from the Senior Career Counselor at Walter Reed National Military Medical Center, dated 27 May 2015, subject: Erroneous Bar to Reenlistment for SGT (Applicant), 6909 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 14 August 2008. He completed his initial entry training and was awarded military occupational specialty 13F (Fire Support Specialist). 2. He appeared before the 2nd Battalion, 3rd Field Artillery Regiment Enlisted Promotion Board on 26 March 2014, where he was recommended for promotion to SSG by a majority of the voting promotion board members. The Commander, 2nd Battalion, 3rd Field Artillery Regiment approved the promotion board proceedings on that same date. 3. His PPW Developmental/Self-Assessment Tool, Promotion to SSG/E-6, shows he was credited with 280 total promotion points on 28 March 2014. 4. The promotion qualification cut-off score for SSG, primary zone on 1 October 2014, was 206 points. 5. He provides an MFR from the Senior Career Counselor at Walter Reed National Military Medical Center, dated 27 May 2015, subject: Erroneous Bar to Reenlistment for SGT (Applicant), 6909. In this MFR, the Senior Career Counselor states the applicant was erroneously barred from reenlistment on 10 March 2014. The bar was removed on 4 June 2014 and was found to be erroneous because: * the affected Soldier was not stationed at Walter Reed National Military Medical Center at the time the bar was initiated – he was stationed at Fort Bliss, Texas * there is no bar packet on file * there was a bar packet for a female Soldier with the same last name * the dates of approval and removal match the dates the erroneous bar was imposed on the applicant * the previous career counselor does not recall the Soldier or imposing a bar and agrees the bar to reenlistment was erroneous 6. Orders 146-808, issued by Headquarters, United States Army North (Fifth Army) Joint Base San Antonio, Fort Sam Houston, Texas on 26 May 2015, promoted the applicant to the rank/grade of SSG/E-6 effective 1 June 2015. 7. In the processing of this case, on 30 July 2015, an advisory opinion was obtained from the Chief, Department of the Army Promotions, U.S. Army Human Resources Command (HRC), Fort Knox, Kentucky. In this opinion, the advisory official states: a. After review of SGT (Applicant's) application for correction of military records, it has been determined that his request would be disapproved due to policy in Army Regulation 600-8-19 (Enlisted Promotions and Reductions). b. Upon careful review of all the documents, it was determined by the HRC Junior Enlisted Promotion section that an Immediate Reenlistment Prohibition (IMREPR) code was entered erroneously on SGT (Applicant) on 10 March 2014 and then removed on 4 June 2014. Upon removal of the IMREPR code, the unit failed to reintegrate SGT (Applicant) through the PPW, which caused SGT (Applicant) not to be considered for a 1 October 2014 promotion. SGT (Applicant) had 280 promotion points as of 28 March 2014. The Headquarters, Department of the Army (HQDA) cutoff score for 1 October 2014 was 206 points. c. The advisory official did not cite a particular policy or regulatory provision upon which the recommendation at paragraph a. above was based. 8. The applicant was provided a copy of the advisory opinion on 21 September 2015, in order to allow him the opportunity to submit comments or a rebuttal; however, he did not respond. 9. Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system. Chapter 3 governs the semi-centralized promotion system applicable to SGT and SSG. a. Paragraph 3-24 provides, in pertinent part, that Soldiers prohibited from re-enlisting by either a local or DA imposed bar to reenlistment approved after the Soldiers attained recommended list status, will be immediately removed from the recommended list. b. Paragraph 3-28 provides that a Soldier removed from a list and later completely exonerated from the reason that caused the removal will be reinstated. To be completely exonerated, the action that caused the initial removal must have been erroneous or should not have been imposed so that the Soldier is free of any wrong doings or accusation. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his records to show he was promoted to the rank/grade of SSG/E-6 on 1 October 2014 was carefully considered. 2. The applicant contends he was recommended by a promotion board for promotion to the rank/grade of SSG/E-6 on 28 March 2014; however, he was removed from the eligibility list on 30 May 2014 after being subjected to an erroneous bar to reenlistment. The bar was meant for another Soldier with the same last name. Had he not been erroneously barred, he would have made the cutoff score for promotion to SSG in the primary zone on 1 October 2014. 3. The evidence of record shows the applicant was recommended for promotion to SSG by a majority of the voting promotion board members on 26 March 2014. His battalion commander approved the promotion board proceedings on that same date. 4. It appears he was later removed from the promotion recommended list after being subjected to an erroneous bar to reenlistment. According to the HRC Advisory Official, an erroneous IMREPR code was entered on the applicant in Army personnel automation systems on 10 March 2014, prior to the applicant's appearance before his battalion's promotion board. No mention is made of this IMREPR code in any of the post-board documents, lending further credibility to the notion that the applicant's chain of command was not aware of the applicant's supposed bar to reenlistment. 5. It appears the applicant's unit failed to reinstate him to the promotion recommended list in accordance with paragraph 3-28 of the governing Army regulation. Had this occurred, the applicant would have met the HQDA cutoff score for promotion to SSG on 1 October 2014. Instead, he was not promoted to SSG until 1 June 2015. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Orders 146-808, issued by Headquarters, United States Army North (Fifth Army) Joint Base San Antonio, Fort Sam Houston, Texas on 26 May 2015, by amending his effective date of promotion and date of rank to 1 October 2014. b. paying the applicant any pay and allowances due for the period 1 October 2014 to 31 May 2015, as a result of the above corrections. __________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) AR20120008377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009865 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1