ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:   11 April 2019

	DOCKET NUMBER:  AR20160015903


APPLICANT REQUESTS:  promotion to Sergeant First Class (SFC/ E7).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states the E7 selection board did not review his complete record that should have included 30 semester hours of college credits that he earned while attending evening and night classes while serving on active duty stateside and in Germany.  This error constitutes a major material oversight and did not provide the Board with a complete record of his performance as a total soldier. 

3.  A review of the applicant's records show:

* 31 August 1967 - he enlisted in Regular Army  
* 25 August 1971 - he reenlisted for a second term in the Regular Army
* 31 August 1988 - he retired with an honorable discharge for length of service 

4.  The applicant completed 46 credit hours per his DA Form 669 (Educational Developmental Record).  His records are void of official college transcripts.

5.  AR 600-200 (Enlisted Personnel Management System) prescribes the enlisted promotions and reductions function of the military personnel system.  

* Promotion reconsideration.  Only soldiers who were not selected from a primary zone of consideration will be reconsidered for promotion.  Soldiers who were considered in a secondary zone will not be reconsidered.  
* Reconsideration normally will be granted when one or more of the following conditions existed on the performance microfiche of a Soldier’s OMPF at the time it was reviewed by a promotion selection board:  a record of 30 college semester hours (45 quarter hours) or more was not recorded on the performance microfiche or the qualification record or not seen in hard copy by the board  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  The Board found that the applicant failed to show justification for his request.  Based upon updating personnel records for promotion boards is the responsibility of the individual Soldier being considered, the Board determined that the applicant failed to show what injustice occurred which prevented his complete record from being considered.  For that reason, the Board recommended denying the applicant’s request for relief.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


	 
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.


REFERENCES:

1Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  AR 600-200 (Enlisted Personnel Management System), in effect during the 1980s provided for management of enlisted personnel.  Chapter 7 provided for promotion of senior NCOs.  Promotions to the senior NCO grades of E-7, E-8, and E-9 were conducted via a centralized promotion board at Headquarters, Department of the Army (HQDA).  

3.  AR 600-8-19 (Enlisted Promotions and Reductions), superseded a portion of                   AR 600-200 (the portion pertaining to enlisted promotions).  It prescribes the enlisted promotions and reductions function of the military personnel system.  

	a.  Criteria for primary and secondary zones of consideration for each grade will be announced by HQDA before each board.  A Soldier may not decline promotion consideration.  Selections by DA boards will be based on impartial consideration of all eligible Soldiers in the announced zone.  Selections will be made by MOS.

	b.  Boards will select the best qualified in each MOS for promotion.  They will recommend a specified number of Soldiers by MOS from zones of consideration who are the best qualified to meet the needs of the Army.  The total number selected in each MOS is the projected number the Army needs to maintain its authorized by-grade strength at any given time.  Soldiers must meet the announced date of rank (DOR) requirements and other eligibility criteria prescribed by HQDA.  

	c.  The selection board will recommend a specified number of Soldiers by MOS from the zones of consideration who are the best qualified to meet the needs of the Army.  Soldiers who are not selected for promotion will not be provided specific reasons for non-selection.  Board members may not record their reasons nor give reasons for selection or non-selection.

	d.  The Deputy Chief of Staff for Personnel or designee may approve cases for referral to a STAB upon determining that a material error exists.  U.S. Army Personnel Command (PERSCOM) (now known as HRC) will determine if a material error existed in a Soldier’s OMPF when the file was reviewed by a promotion board.  Error is considered material when there is a reasonable chance that had the error not existed the Soldier may have been selected.

	e.  Reconsideration normally will be granted when one or more of the following conditions existed on the performance microfiche of a Soldier’s OMPF at the time it was reviewed by a promotion selection board.

* an adverse NCOER or academic evaluation report reviewed by a board was subsequently declared invalid in whole or in part, and a determination was made that there was a material error
* a record of 30 college semester hours (45 quarter hours) or more was not recorded on the performance microfiche or the qualification record or not seen in hard copy by the board
* an award of a decoration for valor, MSM, or higher award for meritorious service or achievement not recorded on the performance microfiche or the qualification record 

4.  Title 10, United States Code, section 115 states Congress shall authorize personnel strength levels for each fiscal year for each of the following.  End strength for each of the Armed Forces (other than the Coast Guard) for active-duty personnel who are to be paid from funds appropriated for active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel unless on active duty or full-time National Guard duty and the end strength for the Selected Reserve of each Reserve component of the Armed Forces. 

5.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  

	a.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  

	b.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  



ABCMR Record of Proceedings (cont)	 AR20160015903
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