ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  27 August 2019

	DOCKET NUMBER:  AR20170014677


APPLICANT REQUESTS:  correction of his records to show he was promoted to the rank/grade of staff sergeant (SSG)/E-6 effective 1 May 2016 vice 1 November 2016.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Two Letters from his Congressional Representative, dated 15 February 2017 and 5 September 2017
* Two Letters to his Congressional Representative from U.S. Army Reserve Command (USARC), dated unknown and 31 August 2017
* Letter to his Congressional Representative from the Applicant
* Excerpt from Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions)
* Two Memorandums, subject:  Report of Promotion Board Proceedings for Promotion to Sergeant and Staff Sergeant (Active Guard Reserve (AGR)), dated 19 March 2016 and 20 March 2016
* AGR SSG Cutoff Scores (1 May 2016)
* AGR SSG Monthly Permanent Promotion Recommended List (PPRL) Standing List

FACTS:

1.  The applicant states:

	a.  The unit convening his promotion board, the next higher command, and the 63rd Regional Support Command (RSC) all failed to process the results within the required timeline.  According to AR 600-8-19, the promotion authority is required to sign the board memorandum by the 4th day of the board month.  The results are then required to be inputted in the system by the RSC by the 8th day of the board month for integration onto the PPRL.  

	b.  The findings of his Congressional inquiry state the board results were approved on 8 April 2016 (8th day of the board month and 4 days after the required date).  The findings also state the results were submitted on 15 April 2016 (7 days past the date a Soldier is to be added to the PPRL).  The inquiry also found that the applicant was added to the PPRL on 25 June 2016 (78th day past the date required).  On 1 May 2016, the AGR Cutoff Scores for his military occupational specialty (MOS) in the primary zone was 368 points.  At that time, the applicant had 402 points and retained those points through 1 July 2016.

	c.  Had the promotion board been processed in accordance with the applicable regulation, he would have been promoted on 1 May 2016 instead of 1 November 2016.  He requested assistance after using his chain of command and the Inspector General’s office.

2.  The applicant provides:

	a.  A letter from his Congressional Representative, dated 15 February 2017, which responds to the applicant’s inquiry.  The Congressional Representative attached the correspondence he received from the Army.

	b.  A letter to his Congressional Representative from USARC, which states their records indicate the applicant appeared before the promotion board on 19 March 2016.  The results of that promotion board were delayed as they were being examined by the promotion authority and to ensure that proper procedures were followed.  The results of the promotion board were approved by the promotion authority on 8 April 2016 and submitted to the 63rd RSC on 15 April 2016.  The applicant was integrated onto the PPRL on 25 June 2016 and once he meets the requirements, he will be promoted to SSG.

	c.  A letter to his Congressional Representative, which states the reasoning outlined in paragraph 2b above were incorrect and the real reasoning was that the promotion authority was no longer in command and refused to sign the promotion memorandums.  The issue was escalated to Colonel (COL) X__ who became the promotion authority.  She took 19 days to sign the memorandums and subsequently had him dropped from a career enhancing school.  He believes he was singled out and does not know why.

	d.  A letter from his Congressional Representative, dated 5 September 2017, which responds to the applicant’s inquiry.  The Congressional Representative attached the correspondence received from the Army.

	e.  A letter to his Congressional Representative from USARC, dated 31 August 2017, which states that during the time the applicant submitted his promotion packet, the unit was undergoing deactivation.  Unfortunately, some personnel actions experienced delays due to lack of assigned personnel with command authority.  In addition, the board results were delayed while under examination by the promotion authority to ensure that proper procedures were followed.  The applicant’s promotion order was published on 25 October 2016 with an effective date of rank of 1 November 2016.
	f.  An excerpt from AR 600-8-19, specifically paragraph 3-11 (Identifying and Processing Recommendations for Promotion to SGT and SSG) with the highlighted paragraph 3-11b (Regular Army (RA) USAR (AGR), which outlines the processing/timelines of recommending Soldiers for promotion, conducting board appearances, and approving and recommending promotion.

	g.  Memorandum, subject:  Report of Promotion Board Proceedings for Promotion to SGT and SSG (AGR), dated 19 March 2016, which shows the applicant was recommended for promotion on 19 March 2016.

	h.  Memorandum, subject:  Report of Promotion Board Proceedings for Promotion to SGT and SSG (AGR), dated 20 March 2016, which shows the promotion list was approved.

	i.  AGR SSG Cutoff Scores (1 May 2016), which shows the cutoff score for the applicant’s MOS (92Y) in the primary zone for the month of May was 368.

	j.  AGR SSG Monthly PPRL Standing List as of 1 July 2016, which shows the applicant had 402 points.

3.  A review of the applicant’s service records show:

	a.  Having prior service in the U.S. Marine Corps, the applicant enlisted in the U.S. Army Reserve (USAR) on 17 February 2011.

	b.  Orders 13-204-00069, dated 23 July 2013 promoted him to sergeant (SGT)/E-5 effective 1 August 2013.

	c.  The applicant attended and was recommended for SSG at the promotion board held on 19 March 2016.

	d.  Orders 16-299-00108, dated 25 October 2016 promoted him to SSG/E-6 effective 1 November 2016.

4.  By regulation, 

	a.  A Soldier’s date of rank will be the same as the effective date or promotion.  If a valid promotion was delayed because of an administrative error, the date of rank will be the effective date that the promotion should have occurred.

	b.  All monthly promotion transactions must be completed by the human resources specialist and posted to automated systems at HRC no later than the 26th calendar day of the board month.  Commanders must adhere to this strict requirement to ensure individual Soldiers are not otherwise ineligible for promotion due to untimely date submission.  Promotion points are effective on the 1st calendar day of the second month following approval by the promotion authority and input into the automated system.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  USARC’s Congressional response shows the promotion authority examined promotion board procedures before approving the promotion board results.  The Board agreed there was no error or injustice as the promotion authority did not approve the board proceedings before the suspense date.  If the proceedings were approved by the suspense, and not accepted in a timely manner, the Board would consider that evidence as a delay that was of no fault of the Soldier; however, that did not occur in the applicant’s case.

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:

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.

	a.  Paragraph 3-11 (Identifying and Processing Recommendations for Promotion to Sergeant and Staff Sergeant) states all monthly promotion transactions must be completed by the human resources specialist and posted to automated systems at U.S. Army Human Resources Command no later than the 26th calendar day of the board month.  Commanders and S1s must adhere to this strict requirement to ensure individual Soldiers are not otherwise ineligible for promotion due to untimely date submission.  Promotion points are effective on the 1st calendar day of he second month following approval by the promotion authority and input into the automated systems.

	b.  Paragraph 3-31 (Rules for Headquarters, Department of the Army Promotion Point Cutoff Scores (Regular Army and U.S. Army Reserve Active Guard Reserve Only) states a Soldier’s date of rank, unless otherwise specified in this regulation, will be the same as the effective date or promotion.  If a valid promotion was delayed because of an administrative error, the date of rank will be the effective date that the promotion should have occurred.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170014677


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