ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 December 2019 DOCKET NUMBER: AR20170001264 APPLICANT REQUESTS: promotion from the rank of sergeant first class (SFC) to the rank of master sergeant (MSG) effective fiscal year (FY) 2005. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Copy of the FY 2005 promotion list 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 (ABCMR) 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 that he would like promotion to MSG at the time of his promotion he was in Advanced Noncommissioned Officer Course (ANCOC) instructor at FT Lee VA. He further states that in 2005 he called the Department of the Army (DA) for an assignment to Germany and was told that he could not go unless he was selected to MSG and was told to call back on a certain day when the results would be at DA but not released. He called and was told that he would be on assignment to Germany with an MSG position. He was excited because he knew he was going to be promoted and told a friend who told his sergeant major (SGM) who he believed was able to remove him from the list because of past personal issues and nothing to do with the military. The promotion list was recalled because of what leaks and when was released he did not get a promotion nor his assignment to German. He has spent years thinking of what he could have don’t to correct the injustice which has caused him great pain in his life, knowing that one person has changed the outcome of who he is. 3. The applicant provides a copy of the FY 2005 Master Sergeant Consideration/Selected List which shows the applicants name but no promotion sequence number next to his name showing that he had been selected for promotion. 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army (RA) on 14 November 1984. He reenlisted on 12 April 1988, 10 September 1990, 29 January 1992, 4 November 1994, and 4 November 2000. b. Orders 225-18, dated 13 August 1998, promotes the applicant to SFC effective 1 September 1998. c DD Form 1059 (Service School Academic Evaluation Report) dated 22 June 1999 shows that the applicant completed ANCOC. d. He was retired from active duty on 30 September 2010 with an honorable character of service. His DD Form 214 (Certificate of Discharge or Release from Active Duty) shows in block 4a (Grade, Rate or Rank) SFC 4b (Pay Grade) E-7. It also shows that he completed 25 years, 10 months and 17 days of active duty service. e. An advisory opinion, dated 22 October 2019, states that after a review of the applicant’s application for promotion to MSG, the Army Human Resource Command (AHRC), promotion branch has determined administrative relief is not warranted and unsubstantiated. Records to the Senior Enlisted Promotion section indicate that the applicant was never selected for promotion to MSG, he was considered but not selected. The applicant received an exparte letter but no date is annotated on the letter. 5. AR 600-8-18 paragraph 4-1c states that centralized promotion system produces an annual promotion selection list of best qualified Soldiers for promotion to the next higher rank. The intent and purpose of the selection list is to provide the Army a means to promote Soldiers on a monthly bases to satisfy personnel manning requirements by skill and grade. Selection and promotion authority by Headquarters Department of the Army does not deprive local Commanders of the authority to reduce Soldiers in the rank of SFC, MSG, and sergeant major for inefficiency or conviction by a civil court. 6. AR 600-8-18 paragraph 4 Human Resources Command will publish orders announcing promotions to SFC, MSG, and SGM 7. AR 600-8-18 paragraph 4-15 states that rules for administrative removals commanders will promptly forward documentation to AHRC pertaining to the Soldiers on Headquarters Department of the Army selection list. 8. AR 600-8-18 (Enlisted Promotions and Reductions) paragraph 5-2c states that promotion orders for Soldiers SFC through SGM will be published by the continental Unites States Reserve commands, 7t Civil Support Command, and 9th Mission Support Command based on procedures outlines in this chapter. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the HRC advisory opinion showing that there was insufficient evidence to show that the applicant was ever selected for promotion to MSG, and the applicant failing to provide any rebuttal to those findings, the Board concluded there was insufficient evidence of an error or injustice which would warrant a correction to the record. 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. Title 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 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 600-8-18 paragraph 4-1c states that centralized promotion system produces an annual promotion selection list of best qualified Soldiers for promotion to the next higher rank. The intent and purpose of the selction list is to provide the Army a means to promote Soldiers on a monthly bases to satisfy personnel manning requirements by skill and grade. Selection and promotion authority by Headquarters Department of the Army does not deprive local Commanders of the authority to reduce Soldiers in the rank of SFC, MSG, and sergeant major for inefficiency or conviction by a civil court. 3. AR 600-8-18 paragraph 4 Human Resources Command will publish orders announcing promotions to SFC, MSG, and SGM 4. AR 600-8-18 paragraph 4-15 states that rules for administrative removals commanders will promptly forward documentation to AHRC pertaining to the Soldiers on Headquarters Department of the Army selection list. 5. AR 600-8-18 (Enlisted Promotions and Reductions) paragraph 5-2c states that promotion orders for Soldiers SFC through SGM will be published by the continental Unites States Reserve commands, 7t Civil Support Command, and 9th Mission Support Command based on procedures outlines in this chapter. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170001264 3 1