ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 September 2019

	DOCKET NUMBER:  AR20170008068


APPLICANT REQUESTS: in effect, promotion master sergeant (MSG).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Inspector General (IG) letter
*	United States (U.S.) Senate letter

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 he believes that there was an injustice document placed in his 
military records sometime during the years of 1990 to 1993.  He also believes that a 
letter to the MSG promotion board during the above years prevented him from getting 
promoted to MSG.  He believes the letter stated that as a senior non-commissioned 
officer (NCO) that he was not loyal, and a trustworthy Soldier in the U.S. Army and the 
letter was placed in his file by a command sergeant major at the time between 1990 and 
1993 while he was stationed in Panama.  The reason for his belief is because as a 
senior NCO he contacted U.S. Senator XX___ XX___ for assistance with a problem that 
occurred between his spouse and daughter.  He made the rank of sergeant first class 
(SFC) in 12 years, and did not get promoted to MSG for another 8 years later.  He does 
not know of any other reason why in 8 years he could not obtain at least one more 
promotion.

3.  The applicant provides:

	a.  IG Assistance Division letter, dated 4 February 1993, is in response to a letter the 
applicant sent to them on 8 December 1992, concerning alleged problems the applicant 
and his family had encountered while stationed at Fort Clayton, Panama.  The IG 
conducted a thorough inquiry into the applicant’s allegations.  The allegation that the 
applicant and his wife were unjustly accused of child abuse by the school nurse and the 
Family Advocacy Case Management Team at Gorgas Hospital was not substantiated.  
Additional comments may be reviewed (detailed IG letter enclosed in packet).

	b.  U.S. Senate letter, dated 21 March 2017, refers the applicant to the ABCMR.

4.  A review of the applicant’s service record shows:

	a.  Having had prior service, he reenlisted in the Regular Army on 7 April 1978.

	b.  He was promoted to SFC on 1 December 1986 with a date of rank of 
9 November 1986.

	c.  He graduated from the U.S. Army Sergeants Major Academy and battle staff 
course in 1991.

	d.  His DA Form 2-1 (Personnel Qualification Record), section V (Miscellaneous), 
block 27 (Remarks), states copy of DA Form 2 and 2-1 (Personnel Qualification 
Records Part I and II) forward for MSG and SFC qualitative management program 
board 8 December 1993.

	e.  On 2 November 1993, Headquarters, Fifth U.S. Army and Fort Sam Houston, 
Fort Sam Houston published orders placing him on the Retired List in the retired grade 
of SFC effective 1 August 1994.

	f.  On 31 July 1994, he honorably retired from active service.  He completed 16 
years, 3 months, and 24 days of net active service this period.

5.  By regulation, Army Regulation 600-8-19 (Enlisted Promotions and Reductions), 
states the selection and promotion process for senior enlisted grades (SFC through 
sergeant major) is centralized at Headquarters Department of the Army.  All staff 
sergeants through MSG/first sergeants who meet the basic eligibility requirements will 
be considered for promotion.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  He requests 
promotion to MSG contending a derogatory letter was sent to a promotion selection 
board barring him from promotion, as he should have been promoted while serving as a 
SFC for eight years.  His record is absent evidence that shows he was selected for 
promotion to MSG by a promotion selection board.  Official promotion and selection 
boards select members for promotion based upon their performance and potential; the 
Board does not.  The Board may refer records to appear before a special selection 
board (SSB) for promotion consideration when there is a clear error or injustice.  The 
Board agreed the request for relief has no merit as the available evidence does not 
clearly indicate that the conditions for referring the applicant to an SSB was met.

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 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.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the 
time, prescribes policies and procedures governing promotions and reductions of Army 
enlisted personnel.  Chapter 4 provides the rules and steps for managing the 
centralized promotion system to sergeant first class (SFC), master sergeant (MSG), and 
sergeant major (SGM).  This chapter provides that:

	a.  The selection and promotion process for senior enlisted grades (SFC through 
SGM) is centralized at Headquarters Department of the Army (HQDA).  All staff 
sergeants through MSG/first sergeants who meet the basic eligibility requirements will 
be considered for promotion.

	b.  Selections by DA boards will be based on impartial consideration of all eligible 
Soldiers in the announced zone.  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.  No Soldier may appear in person before a Department of the Army selection 
board on his or her own behalf or in the interest of anyone being considered.  Soldiers 
eligible for consideration may write to the president of the promotion board to provide 
documents and information drawing attention to any matter concerning themselves that 
they feel is important to their consideration.  Correspondence must be received by the 
date stated in the zone message and will not be the basis for promotion reconsideration.  
HQDA announces the results of a selection board by command memorandum.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	AR20170008068

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