ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 11 June 2019 DOCKET NUMBER: AR20170012143 APPLICANT REQUESTS: retroactive promotion to Sergeant (SGT)/E-5 effective 1 March 2012. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * promotion points for February 2012 * promotion point worksheets * Service School Academic Evaluation Reports * healthcare cards * award certificates * Enlisted Record Brief * Texas Board of Nursing License * certificates of completion and appreciation * Army Physical Fitness Test Score Card * S.T.A.B.L.E. Learner Card FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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: * the unit responsible for his unit personnel actions failed to update his promotion points in a timely manner * he made multiple submissions and requests for his points to be updated * the errors to his promotion points were never corrected while he was on active duty * he was forced to sign an incorrect C10 roster [verification of promotion points] with inaccurate promotion points * based on a review of the situation, he was eligible for promotion to SGT in February 2012 * for almost a year the unit ignored his requests to update his promotion packet 3. The applicant provides copies of his promotion point worksheets showing he had a total of 371 points for promotion in February 2012. He includes a self-authored form comparing the points reported by the unit and the points he believes he should have had for February 2012. The total points the applicant feels he should have had total 489 points. The cutoff for promotion to SGT, according to the self-authored form, for the month of February 2012 was 464. 4. The applicant provides five Army Achievement Medal (AAM) certificates and one Army Commendation Medal (ARCOM) Certificate showing what he received promotion points for. 5. The applicant provides DA Forms 1059 (Service School Academic Evaluation Report) and Enlisted Record Brief to show he completed the Warrior Leader Course (WLC) and the U.S. Army Practical Nurse Course. He received promotion points for completing WLC. He also provided his Texas Board of Nursing License showing he is a licensed vocational nurse for which he received points. 6. The applicant provides healthcare cards and certificates of completion of several courses he completed. He also provides S.T.A.B.L.E. Program learner card. He received promotion points for Licensed Vocational Nurse, Advanced Cardiac Life Support, and Basic Life Support Healthcare Provider. 7. The applicant provides his army physical fitness test scorecard showing he completed and passed his physical fitness test and points awarded 8. Army Regulation 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 must be recommended for promotion and the recommendation must be approved by the promotion authority. The promotion points worksheets indicate the applicant was recommended for promotion. 9. In the processing of this case an advisory opinion was obtained from the Chief of DA Promotions, US Army Human Resource Command on 8 September 2017. The advising official opined the request for correction of military records should be denied stating the Soldier has the responsibility to ensure his record is current. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 10. The applicant was provided a copy of this advisory opinion on 16 October 2017, to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the advisory opinion. The Board discussed the applicant’s statement regarding his eligibility and administrative error, the additional points he could have been allocated when considered for promotion to include awards and the cutoff scores for promotion in his MOS. The Board determined that even with the additional points, the applicant would still not have made the required totals to be promoted prior to separation. 2. After reviewing the application and all supporting documents, the Board found the relief was not warranted. 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. 2 July 2019 X Chairperson Signed by: 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. Chapter 3, Semi-centralized Promotions (SGT and SSG) governs the promotion system for active Army and Reserve Soldiers. It states, the the Soldier will be recommended for promotion and the promotion authority will approve or disapprove the recommendation.