IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160004757 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: 17 October 2017 DOCKET NUMBER: AR20160004757 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: 17 October 2017 DOCKET NUMBER: AR20160004757 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 specialist (SPC)/E-4, effective 16 September 2015. 2. The applicant states, in effect, he was supposed to get promoted on 16 September 2015, but he started the medical evaluation board (MEB)/integrated disability evaluation system (IDES) process at the same time. His unit submitted a suspension of favorable actions (flag) on him when he started the MEB and entered IDES. He confronted them and they lifted the flag. He served his military time honorably and believes that anyone going through a MEB/IDES should not be punished because they have physical limitations. He is asking for a complete review of his case and to be granted the correct rank. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 3349 (Physical Profile) * enlisted record brief (ERB), dated 18 February 2016 * self-authored statement (undated) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 17 September 2013. 2. His ERB shows that his last qualifying Army Physical Fitness Test (APFT) was in March 2014. 3. A DA Form 3349 (Physical Profile), approved on 16 September 2015, shows the applicant was assigned a permanent profile (P3) for his lower extremities. It further shows he was exempt from taking the APFT, he did not meet retention standards in accordance (IAW) with chapter 3, Army Regulation (AR) 40-501 (Standards of Medical Fitness), and needed a MEB. 4. Headquarters, 101st Airborne Division, Fort Campbell, KY, Orders 039-0639, dated 8 February 2016, shows the applicant was retired with a 30 percent disability rating, effective 30 March 2016. 5. His DD Form 214 shows he was retired by reason of disability (permanent) on 30 March 2016. He completed 2 years, 6 months, and 14 days of net active service. 6. In the processing of this case, the Chief, Department of the Army Promotions, United States Army Human Resources Command (HRC), provided an advisory opinion. The advisory official stated: a. It has been determined that the applicant’s request for correction of military records should be denied. b. The records available to the Junior Enlisted Promotions section indicate that the applicant’s last APFT was March 2014. The applicant entered the Disability Evaluation System (DES) in September 2015 without a valid APFT, putting him in a non-promotable status. Due to his separation, the applicant’s physical profiles are no longer available to review in order to determine if he was exempt from taking an APFT. He does not meet the criteria for a DES promotion IAW AR 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20. 7. The applicant was provided a copy of the advisory opinion and responded by stating: a. The basis of this appeal is substantive inaccuracy, because it is not always about what a Soldier can do for their unit in the future, but what the Soldier has done for his unit in the past. He was on profile for not running due to his injuries; however, he was given an APFT just like every other Soldier, except he had to walk instead of running. He sent a copy of his old ERB because that is the only one he had. His current ERB should be updated and shows he was current on his weapon systems. He went to the field just like everybody else. He never received counseling in regards to why he was not getting his automatic promotion to specialist. As a matter of fact he was told to watch his ERB for a change. AR 600-8-19, paragraph 1-10 (non-promotable status), shows that: b. Soldiers (SPC through master sergeant (MSG)) are non-promotable to a higher grade when one of the following conditions exists: A Soldier becomes ineligible to reenlist based on suspension of favorable actions (flag), pending separation, field or HQDA bar to reenlistment, approved Declination of Continued Service Statement (DCSS), approved retirement, or a failing weapons qualification score. He was not subject to any of these things because he never stopped being a Soldier until the day he got out the Army. c. He respectfully requests that the Board look into his case and grant him the correct rank of SPC, IAW AR 600-8-19, paragraph 1-20 (Promotion of Soldiers pending referral to a military occupational specialty/medical retention board, medical evaluation board, or physical evaluation board). d. Soldiers who are pending referral to a MOS/medical retention board (MMRB) under AR 600-60 (Physical Performance Evaluation System) or referral to a medical evaluation board under AR 40-400 (Patient Administration) or physical evaluation board under AR 635-40 (Disability Evaluation for Retention, Retirement, or Separation) ( will not be denied promotion on the basis of medical disqualification if they are otherwise qualified for promotion. e. Soldiers who have been conditionally promoted but are unable to meet the condition of their promotion solely because of a medical condition that results in a finding of unfit by the Physical Disability Evaluation System (PDES) will not be subject to administrative reduction if otherwise qualified to retain promotable status. f. Per the provisions of Title 10, United States Code (USC), 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. g. Per the provisions of Title 10, USC, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the Soldier's separation date. h. The guidance in AR 600-8-19, paragraphs 1-20c and d, also pertains to Active Army Soldiers who have reached the time in service requirements for the next level of automatic promotion (private (PV2) to SPC). i. Soldiers determined unfit by the physical disability evaluation system (PDES) but approved for continuation on active duty under the provisions of AR  635-40, chapter 6, are otherwise eligible for promotion during the continuation on active duty period. REFERENCES: AR 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system. It also prescribes in: a. Paragraph 1-10 (Nonpromotable status), Soldiers (SPC through master sergeant (MSG)) are nonpromotable to a higher rank when they lack a qualifying Army Physical Fitness Test (APFT) (not applicable to Soldiers affected by paragraphs 1–18, 1–19, 1–20, and 1–22). b. Paragraph 1-20 (Promotion of Soldiers in the Disability Evaluation System), per the provisions of 10 USC 1372, Soldiers on a promotion list who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the temporary disability retired list (TDRL) (10 USC 1202 or 1205) at the time of retirement for disability will be retired for disability at the promotion list grade. The Soldier will be promoted effective the day before placement on the retired list or TDRL regardless of cutoff scores, sequence numbers, or position availability. In all cases, the Soldier must otherwise be eligible for promotion in accordance with paragraph 1-10. c. Paragraph 2-2 (General), Soldiers must be in a promotable status on the effective date of promotion. Promotion to SPC is not automatic. d. Paragraph 2-3 (Rules), if a commander (CDR) elects not to recommend a Soldier for promotion on the automatic promotion date, the CDR must annotate “NO” on the AAA–117, then the CDR (or BN HR) must prepare a DA Form 4187 denying the promotion. e. Paragraph 3-16 (Military training (combat experience, weapons qualification, and Army Physical Fitness Test)), Soldiers must use the last record APFT score administered, even if it is lower than a previous score that is within the 12 month period. DISCUSSION: 1. The applicant’s records indicate that his last APFT was in March 2014. The applicant entered the Disability Evaluation System (DES) in September 2015 without an APFT within the required 12 month period, putting him in a non-promotable status. 2. The applicant did not provide any evidence that shows he was exempt from taking the APFT prior to September 2015. It appears he entered the DES in a non-promotable status and, therefore, did not meet the criteria for a DES promotion IAW AR 600-8-19, paragraph 1-20. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004757 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004757 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2