ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 June 2019

	DOCKET NUMBER:  AR20160016372


APPLICANT REQUESTS:  promotion to sergeant (SGT/E5).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Enlisted Record Brief for 16 July 2013
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders D 039-33, Temporary Disability Retired List (TDRL)

FACTS:

1.  The applicant states she was on the C10 roster (automatic promotion list) (i.e. Recommended List for Promotion of Enlisted Personnel) when she was medically retired.

2.  The applicant provides:

* Enlisted Record Brief, dated 6 July 2013, shows 39 promotion points effective February 2013
* Orders D 039-33, dated 6 February 2016, remove from the TDRL

3.  A review of the applicant’s service records shows:

	a.  Having had prior service in the U.S. Army Reserves (USAR), she enlisted in the Regular Army on 3 March 2009 in the rank of Specialist (SPC/E4).

	b.  On 12 December 2014, Headquarters, III Corps, Fort Hood, TX published orders 346-0103, placing her on the retired list in the retired grade of SPC effective 27 February 2015.

	c.  The applicant retired on 27 February 2015 by reason of temporary disability and was placed on the TDRL on 28 February 2015.  Her DD Form 214 shows in blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) SPC and E04.

	d.  On 8 February 2016, the U.S. Army Physical Disability Agency published Orders D039-33 removing her from eth TDRL effective 8 February 2016 and permanent retiring her in the grade of E-4.

4.  An advisory opinion was obtained from the Chief of Junior Promotions at the U.S. Army Human Resources Command on 2 November 2018.  The advisory official was asked to provide an opinion on the applicant's promotion to SGT.  The advisory official consulted the following sources:  Military Personnel Message 14-016 (Structured Self Development Level 1 (SSD) and Semi-Centralized Promotions), the Promotion Point Worksheet, the Electronic Military Personnel Office, the Interactive Personnel Electronic Records Management System, applicant’s DD Form 149, and records supplied in her file.  The advisory official noted the following:

	a.  The applicant was Command List Integrated on 1 February 2013 with 39 promotion points.  In accordance with (IAW) MILPER Message 14-016, dated 21 January 2014 (SSD level 1 and Semi-Centralized Promotions), all Soldiers on a recommended list to SGT must be, at a minimum, a graduate of SSD level 1.  The applicant did not complete the required SSD level 1 to retain her promotion recommended list (PRL) status and was removed from the PRL as of January 2014.  The applicant was not in a promotable status prior to separation from the Army.

	b.  The advisory official concluded that the applicant is not entitled to a promotion IAW Army Regulation (AR) 600-8-19, paragraph 1-20, Promotion of Soldiers in the Disability Evaluation System.

5.  The applicant was provided with a copy of this advisory opinion to give her an opportunity to submit comments.  She did not respond.

6.  By regulation, AR 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel.  It states, for promotion to SGT, a Soldier will be recommended for promotion by their unit commander and the final decision to integrate a Soldier onto the promotion recommended list rests with the promotion authority.

7.  By law and regulation, Soldiers on a promotion list who are retired for physical disability or who are placed on the TDRL 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 fully eligible for promotion.


BOARD DISCUSSION:

After reviewing the application and all supporting document, the Board determined that relief was not warranted.  Based upon the advisory opinion stating that the applicant did not complete all required educational requirements for promotion to SGT, as well as the applicant no being entitled to a promotion IAW Army Regulation (AR) 600-8-19, paragraph 1-20, Promotion of Soldiers in the Disability Evaluation System, the Board concluded there was no error or injustice which would warrant changing the applicant’s rank.

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:

Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribes the enlisted promotions and reductions function of the military personnel system.  It is linked to the AR 600–8 series and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support promotions and reductions.  It provides the objectives of the Army’s Enlisted Promotions System, which include filling authorized enlisted spaces with the best qualified Soldiers.

	a.  Paragraph 1–20, promotion of Soldiers in the Disability Evaluation System (DES) is a s follows:

		(1)  Soldiers in the DES process who are pending a medical fitness determination (referral to a medical evaluation board under AR 40–400 (Medical Services Patient Administration), or physical evaluation board under AR 635–40 (Physical Evaluation for Retention, Retirement, or Separation) 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.  No reserve component Soldier who is in the DES process will lose his or her promotable status solely because a promotion list expires prior to a vacancy for promotion becoming available.

	(2)  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 fully eligible for promotion in accordance with paragraph 1–10. 

	b.  Paragraph 1–28, noncommissioned officer education system (NCOES) requirement for promotion and conditional promotion.  The policies set forth in this regulation support the accumulation of training, education, and experiences while encouraging lifelong learning in an effort to develop NCO leader competencies.  The intent is to achieve a synchronized relationship between NCOES and promotions that is deliberate, continuous, sequential, and progressive in order to produce competent, confident, and versatile leaders for a 21st Century Army.  This paragraph incorporates Army Directive 2013–15.

	c.  Soldiers must complete the following professional military education course as follows: All RA and USAR corporals or specialists must complete structured self-development level 1 before attaining eligibility for recommendation to sergeant.

ABCMR Record of Proceedings (cont)	AR20160016372


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