ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 September 2019 DOCKET NUMBER: AR20160019804 APPLICANT REQUESTS: promotion to Sergeant First Class (SFC). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum Subject: Memorandum of Instruction (MOI) for the Fiscal Year 2014 (FY14) AC Sergeant First Class (SFC) Promotion Selection Board and Staff Sergeant (SSG) Qualitative Service Program (QSP) Boards * Memorandum Subject: Field After Action Report- Fiscal Year 2014 (FY14) Sergeant First Class (SFC) Promotion Selection Board and Staff Sergeant (SSG) Qualitative Service Program (QSP) Boards * Memorandum Subject: FY14 Active Component Promotion Selection List to Sergeant First Class * FY14 Sergeant First Class Considered/ Selected List FACTS: 1. The applicant states upon being discharged from active duty, he was on the promotion list for SFC/ E-7. He states he was discharged as a SSG and not promoted as per the promotion list. The applicant made the SFC promotion list which came out before his discharge date. This was the applicant’s first time on the promotion list after several looks. He states he would have had a sequence number had he not been medically discharged from the military. 2. The applicant provides: * Memorandum Subject: Memorandum of Instruction (MOI) for the Fiscal Year 2014 (FY14) AC Sergeant First Class (SFC) Promotion Selection Board and Staff Sergeant (SSG) Qualitative Service Program (QSP) Boards, dated 27 January 2014 which provides guidance for the board president and member of the board considering promotion to SFC * Memorandum Subject: Field After Action Report- Fiscal Year 2014 (FY14) Sergeant First Class (SFC) Promotion Selection Board and Staff Sergeant (SSG) Qualitative Service Program (QSP) Boards, dated 25 February 2014 which lists issues, discussion and recommendations found during the SFC promotion board * Memorandum Subject: FY14 Active Component Promotion Selection List to Sergeant First Class from the US Army Human Resources Command, dated 10 April 2014 which states: o a Department of the Army selection board convened on 4 February 2014 and recessed on 7 March 2014 to consider eligible Soldiers for promotion to Sergeant First Class. The recommendations were approved by the Director of Military Personnel Management on 12 March 2014 o Soldiers should also be informed that because selectees are sequenced and promoted within a specific MOS, promotions will occur as vacancies exist and budgetary constraints allow o Soldiers listed herein should not assume that the structure of the list or the presence of a name on the list, constitutes a firm forecast for promotion. Promotions are announced by the United States Army Human Resources Command on a monthly basis. * FY14 Sergeant First Class Considered/ Selected List lists the applicant’s name 3. A review of the applicant’s records show * 10 March 2004 - the applicant enlisted in the Regular Army (RA) * 7 January 2014 –his Informal Physical Evaluation Board (PEB) convened * 14 January 2014 – his Informal PEB Proceeding was completed, and the Board found him physically unfit and recommends a rating of 80% and that his disposition be placed on the Temporary Disability Retired List (TDRL) and with a reexamination during October 2014 * 17 January 2014, orders 017-2216 from the US Army Installation Management Command shows the applicant: o was assigned to Fort Benning for separation processing o was released from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit his placement on the Temporary Disability Retired List o has an effective date of retirement 14 April 2014 o has date placed on the retirement list as 15 April 2014 o has a retired grade of rank as SSG o the statue shown as authorizing his retirement is Title 10, U.S. Code, section 1202 * 4 February 2014 – the applicant was considered for promotion to SFC by a centralized promotion board, the board recessed on 7 March 2014, results of the promotion board were published on 10 April 2014 listing the applicant’s name, but he did not have a promotion sequence number * the applicant’s records are void of promotion orders * 14 April 2014 – the applicant was honorably retired from the RA for disability, temporary (enhanced) 4. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support promotions and reductions. It provides the objectives of the Army’s Enlisted Promotions System, which include filling authorized enlisted spaces with the best qualified Soldiers. a. Headquarters Department of the Army (HQDA) promotes Soldiers to the ranks of SFC, master sergeant, and sergeant major. Criteria for primary and secondary zones of consideration for each grade will be announced by HQDA before each board. A Soldier may not decline promotion consideration. Soldiers must meet the announced date of rank requirements and other eligibility criteria prescribed by HQDA. b. Selections by DA boards will be based on impartial consideration of all eligible Soldiers in the announced zone. Selections will be made by military occupational specialty (MOS). Per AR 600-8-19, Soldiers (specialist - master sergeant) are non-promotable to a higher grade if they are undergoing medical evaluation proceedings to determine ability to perform in their recommended MOS. 5. Title 10, U.S. Code, section 1372, states any member of an armed force whose name is placed on the TDRL under section 1202 or 1205 of this title is entitled to the permanent Regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s request, his record of service, his medical evaluation proceedings, his name appearing on a SFC promotion list without a sequence number and his medical retirement. The Board considered the Army policy that states Soldiers are in a non-promotable status if they are undergoing medical evaluation proceedings. Based on a preponderance of evidence, the Board determined that the applicant was non-promotable prior to his medical retirement, he did not regain a promotable status and that his retirement grade is not in error or unjust 2. After reviewing the application and all supporting documents, the Board found that 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable ? REFERENCES: 1. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support promotions and reductions. It provides the objectives of the Army’s Enlisted Promotions System, which include filling authorized enlisted spaces with the best qualified Soldiers. a. Headquarters Department of the Army (HQDA) promotes Soldiers to the ranks of SFC, master sergeant, and sergeant major. Criteria for primary and secondary zones of consideration for each grade will be announced by HQDA before each board. A Soldier may not decline promotion consideration. Soldiers must meet the announced date of rank requirements and other eligibility criteria prescribed by HQDA. b. Selections by DA boards will be based on impartial consideration of all eligible Soldiers in the announced zone. Selections will be made by military occupational specialty (MOS). Per AR 600-8-19, Soldiers (specialist - master sergeant) are non-promotable to a higher grade if they are undergoing medical evaluation proceedings to determine ability to perform in their recommended MOS. 2. Title 10, U.S. Code, section 1372, states any member of an armed force whose name is placed on the TDRL under section 1202 or 1205 of this title is entitled to the permanent Regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination. ABCMR Record of Proceedings (cont) AR20160019804 5 1