ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 3 September 2019 DOCKET NUMBER: AR20170014993 APPLICANT REQUESTS: correction of Orders 051-502, dated 20 February 2015 to reflect his effective date of promotion to master sergeant (MSG)/E-8 as 13 November 2014 vice 19 February 2015. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Training * MSG/E-8 Ranking for 2013 and 2014 * Memorandum, subject: Assignment and Promotion of Army National Guard (ARNG) Soldiers to Reorganizing or Newly Organized ARNG Units (ARNG-HRH Policy Memo #13-040) * ARNG Staff Element Table for Distribution and Allowance (TDA) * Orders 043-550 (Transfer Orders) * Orders 044-553 (Amendment to Transfer Orders) * Memorandum, subject: Promotion and Assignment Selection * Orders 051-502 (Promotion to MSG/E-8) * Memorandum, subject: Request Correct and Amend Effective Date in Promotion Orders – Applicant * DA Form 1559 (Inspector General (IG) Action Request) * Letter from the IG * Excerpt of Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) FACTS: 1. The applicant states on 12/13 February 2015, he was issued the order and amendment assigning and transferring him to the position as Chief Paralegal Noncommissioned Officer (NCO) for the Puerto Rico ARNG Element with the effective date of 12 November 2014, the same date the former chief of staff authorized the implementation of ARNG-HRH Policy Memo #13-040. He received and signed the acceptance memorandum for promotion on 19 February 2015. His order of assignment should be concurrent with the promotion as ordered by the applicable version of AR 600-8-19. 2. The applicant provides: a. A certificate of training, dated 6 September 2012, which shows he completed Structured Self-Development Level 4. b. Ranking for 2013, dated 6 December 2012, which lists his name as number 12. c. Memorandum, subject: Assignment and Promotion of ARNG Soldiers to Reorganizing or Newly Organized ARNG Units (ARNG-HRH Policy Memo #13-040, dated 6 November 2013, which provided guidance on the assignment and promotion of Soldiers in positions that are within approved TDA and Modified Table of Organization and Equipment units prior to the effective date of the document. d. Ranking for 2014, dated 17 November 2013, which lists his name. e. ARNG Staff Element for PRARNG – TDA, dated 4 November 2014, effective 1 September 2015, which shows the position of Chief Paralegal NCO as an E-8 position. f. Memorandum, subject: Implementation of Joint Forces Headquarters (JFHQ) TDA Future Document for Assignment and Promotion, dated 13 November 2014, which states the chief of the joint staff authorized the future document implementation of the TDA effective 1 September 2015. g. Orders 043-550, dated 12 February 2015, effective 13 September 2014, transferred the applicant to the Chief Paralegal NCO position. h. Orders 044-553, dated 13 February 2015, effective 13 November 2014, amended his transfer orders. i. Memorandum, subject: Promotion and Assignment Selection, dated 19 February 2015, which shows the applicant accepted the promotion and assignment as Chief Paralegal NCO. j. Orders 051-502, dated 20 February 2015, effective 19 February 2015, shows the applicant was promoted to MSG/E-8. k. Memorandum, subject: Request Correct and Amend Effective Date in Promotion Orders – Applicant, dated 7 June 2017, in which the applicant requested his effective date be changed from 19 February 2015 to 13 November 2014. l. A DA Form 1559, dated 31 July 2017, in which the applicant requested the correction and amendment to his promotion orders to change his effective date from 19 February 2015 to 13 November 2014. m. Letter from the IG, dated 14 August 2017, which states they conducted a thorough review of the applicant’s request and does not allow them to change his date of rank. n. An excerpt of AR 600-8-19, which covers the promotion process overview. 3. A review of the applicant’s service records show: a. He enlisted in the PRARNG on 25 January 1999. b. He served in Iraq from 7 December 2003 to 12 March 2005. c. On 13 November 2014, he was transferred to a MSG/E-8 position within the ARNG. d. On 19 February 2015, he was promoted to MSG/E-8. 4. On 25 April 2019, an official with the National Guard Bureau (NGB) rendered an advisory opinion in the processing of this case. The Chief, Special Actions Branch recommended approval of the applicant’s request to change his effective date of promotion to MSG/E-8 from 19 February 2015 to 13 November 2014. a. On 13 November 2014, the applicant was selected for a position in the ARNG with promotion to MSG. Upon transfer to the unit on 13 November 2014, he was fully qualified for promotion. The applicant did not receive his promotion until 19 February 2015. b. In accordance with AR 600-8-19, the senior enlisted selection and promotion system prescribes the policy and procedures governing the promotion of unit Soldiers to sergeant first class, MSG, and sergeant major. This regulation also shows the following: Paragraph 5-30, which states all staff sergeants through MSGs who meet the basic eligibility requirements will be considered for promotion. The promotion selection board will select the best qualified Soldiers for placement on the permanent recommended promotion list. Soldiers will be promoted sequentially from the list to fill vacancies. c. Furthermore, AR 600-8-19 states in paragraph 7-28 (Promotion Process) c “once considered and selected for promotion and assigned to a valid position, per paragraph 7-40 (Selecting Soldiers from Promotion Lists), Soldiers are promotable and may be promoted with an effective date and date of rank on the date they are assigned to the valid higher graded position.” d. For these reasons, NGB recommended approval with a date or rank adjustment and to receive any back pay and allowances due as a result of this correction. 5. On 3 May 2019, the advisory opinion was forwarded to the applicant for acknowledgement and/or response. He did not respond. 6. By regulation, once considered and selected for promotion and assigned to a valid position, per paragraph 7-40, Soldiers are promotable and may be promoted with an effective date and date of rank on the date they are assigned to the valid higher graded position. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions and the advisory opinion were carefully considered. The advisory official noted procedures that caused a delay in his promotion, and recommend that he is provided relief. Based upon the preponderance of the evidence, the Board agreed there was an error or injustice in this case and recommended adjusting his date of rank. 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 his date of rank and effective date of promotion to master sergeant to show 13 November 2014, with entitlement to back pay and allowances. 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, sets forth the basic authority for the promotion and reduction of enlisted Soldiers. It states in pertinent part, paragraph 7-28 (Promotion Process), once considered and selected for promotion and assigned to a valid position, per paragraph 7-40, Soldiers are promotable and may be promoted with an effective date and date of rank on the date they are assigned to the valid higher graded position. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014993 4 1