ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 April 2019 DOCKET NUMBER: AR20160017611 APPLICANT REQUESTS: * promotion to Master Sergeant (MSG)/E-8 * retroactive pay from 2011 to 2016 * retirement pay adjustment * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * emails * training information * DA Forms 5500 (Body Fat Content Worksheet) * email request for guidance * memorandum from US Army Human Resource Command eligible for retired pay * DA Form 2166-8 (Noncommissioned Officer Evaluation Report) FACTS: 1. The applicant states: * he is a veteran who was honorably discharged with four deployments and 33 years of service * he is requesting the Board's assistance in regard to an injustice for his promotion to MSG/E-8 * he attended the required Military Police Senior Leader Course in March 2011 * he attended MOS Phase I (common core) and Phase II session; this course is equivalent to the required non-commissioned officers education system (NCOES) for the promotion to MSG * he submitted his packet for promotion to MSG while he was deployed to Guantanamo Bay, Cuba * he was told he was denied promotion because his records were flagged for exceeding the height and weight standards * he submitted all the required documents showing the erroneous decision of the promotion board * he received a decision from the Army Board for Correction of Military Records [ABCMR] on 11 October 2013 * the US Army Reserve Command had determined the evidence he presented was sufficient to warrant promotion to the next grade of MSG * his records would be corrected to show he met the body fat standards in accordance with regulation * his records would be placed before the February 2014 standby advisory board (STAB) for promotion consideration to MSG * the applicant wants to emphasize that he was 55 years of age when he was originally considered by the promotion board, and an erroneous decision was made since he attended NCOES, a requisite to be considered for promotion * he contacted the STAB and found his packet was not considered and again promotion was denied, even though he was highly qualified meeting all criteria for promotion * after his documents were corrected, the applicant submitted the promotion packet again while deployed to Cuba, and he was told he was ineligible due to his age and they stated he needed 3 years to complete his tenure * he completed all required training and performed all necessary functions to be promoted to MSG * at the time, he was the only one qualified in Puerto Rico to perform the functions of Internment/Resettlement, and he attended the course in Fort Leonard Wood, Missouri for this job * since there was no other qualified person in Puerto Rico, he should have been promoted automatically * he also attended Battle Staff School at Fort McCoy, Wisconsin which he completed successfully * when he first submitted his packet in 2011, his age was in accordance with regulation * he believes the injustice should be rectified and he be allowed the promotion to MSG and paid accordingly * if promoted, he requests his pay be retroactive to 2011 and adjusted for battle assemblies and annual training 2. The applicant provides emails regarding his consideration before the promotion board. a. An email from 21 March 2013 states the applicant was ineligible for promotion consideration because per Army Regulation 600-8-19, paragraph 4-2d, USAR Soldiers who reach age 55 without NCOES completed for the next higher grade or age 57 with NCOES completed for the next higher grade prior to convening date of the promotion board are ineligible for consideration. b. From 1 July 2013, MSG X explained the applicant's promotable status in a time line. He stated: * August 2011 - the applicant was considered for promotion but was not recommended * February 2012 - the applicant was flagged for exceeding height and weight standards * August 2012 - no promotion board was held * May 2013 - the applicant reached the maximum age of 57 * Applicant was not eligible for promotion and could not submit for a STAB based off his retirement points not being updated c. From 30 October 2013, an email from the Army Review Boards Agency to the applicant states his records will be placed before the February 2014 STAB. 3. The applicant's date of birth as shown in his records is 12 January 1956. In August 2011 he was 55 years old, and in May 2013 he was 57 years old. 4. The applicant provides body fat content worksheets from June 2012, February 2012, and November 2011. Each of the worksheets shows he meets the requirements of the body fat standards. He also provides his Army Physical Fitness Test Scorecards for that time period showing he passed his Army Physical Fitness tests. 5. In October 2013 an advisory opinion was received regarding his ABCMR case of 2013. The US Army Reserve Command determined he had met the Army Body Fat Composition Standards and placed his records before the February 2014 STAB using the criteria of the February 2012 promotion selection board. 6. The applicant's promotion records were not considered by the February 2014 promotion board because he had reached the age of 57 years. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. It states, U.S. Army Reserve (USAR) who reach age 57 prior to the convening date of the promotion board are ineligible for consideration. 7. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence available, the Board found that a personal appearance by the applicant was unnecessary to make a fair and just decision in adjudicating the applicant’s request for relief. After reviewing all documentary evidence presented by the applicant and found within the military service record of the applicant, the Board concluded there was insufficient evidence to show that if the applicant’s records had been reviewed by the STAB, prior to reaching the age of 57 years old, that he would have been promoted to the rank of Master Sergeant. 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: 1. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotions and reductions of Army enlisted personnel. Chapter 4 provides that clarifying guidance pertaining to the centralized selection of RA and USAR AGR Soldiers to the senior NCO ranks. This chapter provides that: a. The selection and promotion process for senior enlisted grades (SFC through sergeant major) is centralized at promotion authority headquarters. All staff sergeants through master sergeants/first sergeants who meet the basic eligibility requirements will be considered for promotion. b. Selection boards will recommend a specified number of best qualified Soldiers by military occupational specialty (MOS) from the zones of consideration to meet the needs of the Army. The total number selected for each career progression MOS is the projected number the Army needs to maintain its authorized-grade strength. Soldiers who are not selected for promotion will not be provided specific reasons for non-selection. c. U.S. Army Reserve (USAR) AGR Soldiers who reach age 57 prior to the convening date of the promotion board are ineligible for consideration. ABCMR Record of Proceedings (cont) AR20160017611 4