ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20170010750 APPLICANT REQUESTS: her date of rank to Sergeant (SGT)/E-5 to be back dated to 1 April 2017 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * timeline * DA Form 705 (Army Physical Fitness Test Scorecard) dated 15 September 2015 * Soldier Physical Qualification Table * DA From 3349 (Physical Profile Record) * Memorandum for Record * DA Form 705 dated 1 March 2017 * Promotion Point Worksheet dated 24 March 2017 * Enlisted Records Brief (ERB) dated 24 March 2017 * memorandum from Human Resources Command (HRC) * memorandum to HRC * ERB dated 28 April 2017 * emails FACTS: 1. The applicant states she was on a pregnancy profile for the period of November 2016 to 1 February 2017 during which time her Army Physical Fitness Test (APFT) expired on 15 September 2016. Due to the expiration of the APFT, HRC removed her name from the promotion list in the month of October 2016. She spoke with Sergeant First Class (SFC) X__ in the month of November 2016, SFC X__ advised the applicant that her APFT date had been extended and that her name was reintergrated onto the promotion list. She obtained enough promotion points required to be promoted to sergeant (SGT) /E-5 in March 2017 to be eligible to be promoted in April 2017. However, due to an error her name was not reintergrated onto the promotion list. The unit administrative section reintergrated her back onto the promotion list on 24 March 2016. Her leadership then made a request to HRC for a retroactive promotion, but the requests were denied. She advised that she did everything possible to remain in a promotable status. 2. The applicant provides: a. DA Form 705 dated 15 September 2015, shows that applicant passed her APFT and height and weight standards. b. A screen shot of the physical qualification table that shows the system was updated on 3 November 2016 to reflect the APFT days of September 2016. c. DA Form 3349 that shows the applicant was on a pregnancy profile that expired 20 November 2016 and that would have been available to take the APFT on or after 30 January 2017. d. A memorandum for record dated 3 November 2016, from the commander of Defense Intelligence Agency that stated that the applicant was unable to take the APFT as she was on a pregnancy profile from 1 December 2015 to 26 July 2016 and a post-partum profile from 27 July 2016 to 1 November 2016. The applicant would be available to take the APFT on 30 January 2017. Her APFT date wad updated in Electronic Military Personnel Office (eMILPO) to reflect the APFT of 15 September 2016. e. DA Form 705 dated 1 March 2017, shows the applicant passed her APFT and height and weight standards. f. ERB dated 24 March 2017, shows the applicant’s promotion points were 39 effective January 2017. g. The promotion point worksheet that shows the applicant obtained 541 promotion points effective 24 March 2017. h. Memorandum dated 20 April 2017 from HRC in response to the request for administrative records correction. The request was disapproved by HRC, stating that the unit could have extended her APFT for post-partum in accordance with (IAW) subparagraph 3-16b(2)(c) (Temporary Profiles), Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) and frequently asked question, Semi-Centralized Promotion SGT / staff sergeant (SSG) section 4, question m, dated 2 June 2016. The unit produced the required document to extend the APFT however, the applicant was not reintergrated onto the Promotion Recommended List (PRL) until 24 March 2017. The request did not warrant the administrative records correction under the semi-centralized promotion system. i. Memorandum dated 26 April 2017 to HRC requesting the applicant’s records be administratively correct due to no fault of the Soldier and be promoted to SGT with the effective date of 1 April 2017. j. ERB dated 28 April 2017, shows the applicant’s promotion points were 541 effective March 2017. k. Email traffic from the applicant to her unit on 21 July 2016, advising them that she was on the PRL and her APFT was about to expire within 90 days and she was currently exempt from the APFT for about another 6 months. She inquired what she needed to do to prevent her name from being removed from the PRL. l. Email traffic from the applicant to her unit from October 2016 to advise that she had just returned to duty from maternity leave and her promotion point worksheet (PPW) reflects zero points for APFT but IAW the regulation she is not required to take it until late January 2017. She requested for this date to be corrected. m. Email traffic from 1 November 2016 regarding the applicant’s records and that SFC X__ responded that she was going to correct the records. n. Email from SFC X__ to inform SFC X__ on 3 November 2016 that the APFT was updated in eMILPO and the system require 24 hours to cycle for the applicant to reintegrate onto the PRL. Also the applicant was required to take the APFT by 1 February 2017 to she would no longer be promotable. The correction of the applicant’s records was a one-time correction and the needed to be notified of the requirements to take the APFT in a timely manner. o. Email traffic that advised the applicant that the unit conducted the APFT on the first Wednesday of every month. p. Email traffic from 3 February 2017, between the applicant and her unit requesting to be added to the roster to take the APFT 1 March 2017. q. Email traffic from the applicant to CW3 X__, regarding her promotable status IAW the regulation, the Army does not issue a post-partum profile as the regulation states female automatically get 180 days recovery after the termination of a pregnancy. The applicant sent numerous emails to her administrative personnel but received no respond in return. When she attempted to take the APFT on 1 February but she was required to register for the event but she was unaware of this requirement. r. Email traffic between the applicant and SFC X__ from 24 March 2017, which advised the applicant that she was reintergrated on the PRL for the following month and that the APFT data was undated on 3 November 2016 and that she should not have been removed from the PRL. SFC X__ submitted a request for an administrative record correction to HRC. s. Email from the applicant to CW3 X__ stating that SFC X__ never reintergrated the applicant to the PRL but if she was doing her job the applicant should never been removed from the PRL as IAW the regulation. t. Email traffic from SFC X__ to SPC X__ on 20 April 2017, advising that HRC disapproved the request for administrative records correction. Also if the promotion points required does not increase the applicant would be promoted in May. 3. A review of the applicant’s service record shows: a. She enlisted in the Regular Army (RA) on 9 January 2012. b. Order number 181-49 dated, 30 June 2017 promoted the applicant from Specialist (SPC) /E-4 to SGT/E-5 effective 1 July 2017. c. She reenlisted in the RA on 19 June 2018. d. Order Number 058-45 dated 27 February 2019, promoted the applicant from SGT to SSG effective 1 March 2019. 4. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded, at no fault of the applicant, the applicant’s promotion status was not updated in a timely manner. The Board agreed there is sufficient evidence to grant relief and back date the promotion to when she would have initially made the promotion cutoff score. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting her date of rank and effective date to SGT as 1 April 2017, with the payment of back pay and entitlements. 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 600-8-19 (Enlisted Promotions and Reductions) in effect at the time, 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. a. Paragraph 3-16b (Army Physical Fitness Test) (180 points maximum – SGT: 145 points maximum – SSG), states physical fitness test (push-up, sit-up, 2-mile run) must be performed according to applicable Army training regulations and field manuals. To qualify for promotion points, a Soldier must attain a minimum score of 60 points on each event. Soldiers must use the last record APFT score administered, even if it is lower than the previous score that is within the 12 month period. b. Subparagraph 3-16b (2)(c), states Soldiers with a temporary physical profile resulting from combat-related operations, pregnancy, or when enrolled into the Army Pregnancy Postpartum Physical Training Program whom are prohibited from taking one or more events of the records APFT will use their current (last) record APFT score provided it is not more than 2 years old at the time of the promotion point computation. 2. Active Component Semi-Centralized Promotions SGT/SSG Frequently Asked Questions (FAQs) Version 7, June 2016, section 4 (Army Physical Fitness Test (APFT) /Profiles, question M, Question: Can pregnant Soldier receive promotion pints for an APFT that is over 1 years old? Answer: Yes, the record APFT used must be their current (last) record APFT score provided it is not more than 2 years old at the time of the promotion point computation. The Company Commander must sign a memorandum explaining that the Soldier is pregnant or has a postpartum profile. The APFT date must be updated through eMILPO by the BN HR or MPD prior to the current APFT expiration date. The new effective date is the date specified on the memorandum signed by the Company Commander. The Soldier must maintain a copy of the memorandum with their APFT card. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170010750 5 1