ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  20 February 2020

		DOCKET NUMBER:  AR20180000422


APPLICANT REQUESTS:  promotion to staff sergeant (SSG)/E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Letter, dated 18 October 2017
*	Department of Veterans Affairs (VA) Disability Evaluation System Proposed 
Rating, dated 26 October 2016
*	Memorandum, U.S. Army Human Resources Command (HRC), dated 
23 November 2016, subject:  Department of the Army Promotion Point Cutoff 
Scores for 1 December 2016 and Junior Enlisted Issues for the Active Army
*	Enlisted Record Brief (ERB), dated 29 November 2016
*	Promotion Point Worksheet (PPW), dated 30 November 2016
*	Orders 340-0296, U.S. Army Installation Management Command and 
Headquarters, U.S. Army Garrison, dated 20 February 2017
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

REFERENCES:

1.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the 
time, prescribed the enlisted promotions and reductions function of the military 
personnel system.  It provides the objectives of the Army's Enlisted Promotions System, 
which include filling authorized enlisted spaces with the best qualified Soldiers.

	a.  Paragraph 1-20 (Promotion of Soldiers in the Disability Evaluation System) 
states:

		(1)  Soldiers in the Disability Evaluation System process who are pending a 
medical fitness determination (referral to a medical evaluation board under Army 
Regulation 40-400 (Medical Services Patient Administration) or physical evaluation 
board under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or 
Separation) remain otherwise eligible for promotion consideration, selection, and pin-on.

		(2)  Per the provisions of Title 10, U.S. Code, section 1372, Soldiers on a 
promotion list who are retired for physical disability (Title 10, U.S. Code, section 1201 or 
1204) or who are placed on the Temporary Disability Retired List (Title 10, U.S. Code, 
section 1202 or 1205) at the time of retirement for disability will be retired for disability at 
the promotion list grade.  The Soldier will be promoted effective the day before 
placement on the Retired List or Temporary Disability Retired List regardless of cutoff 
scores, sequence numbers, or position availability.  In all cases, the Soldier must 
otherwise be fully eligible for promotion in accordance with paragraph 1-10.

	b.  Chapter 3 (Semi-centralized Promotions (Sergeant (SGT) and SSG)), 
paragraph 3-1b, stated field grade commanders of any unit authorized a commander in 
the rank of lieutenant colonel or higher may serve as the promotion authority to the rank 
of SGT and SSG.

	c.  Paragraph 3-1c stated unit commanders would consider all Soldiers (specialist, 
corporal, and SGT) meeting the basic eligibility requirements in Tables 3-1 and 3-2 for 
promotion recommendation on a monthly basis (Regular Army).

2.  Army Regulation 635-8 (Separation Processing and Documents), in effect at the 
time, prescribed the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or the custody and control of the Army.  
It establishes standardized policy for preparation of the DD Form 214.  The detailed 
instructions for blocks 4a (Grade, Rate, or Rank) and 4b (Pay Grade) stated to verify 
that active duty grade or rank and pay grade are accurate at time of separation.

3.  The PPW User Manual Version 5, Table 1, in effect at the time, states the unofficial 
PPW will contain the header "Unofficial Copy."  The unofficial PPW is when a Soldier is 
eligible and not in a promotable status and is not part of the Soldier's official promotion 
point history in the Enlisted Distribution Assignment System.  PPWs for Soldiers who 
are integrated onto the Promotion Recommended List, will display "Official Record" at 
the top of the PPW page and block 8 will display "Recommended E6" for promotion 
consideration to SSG.

FACTS:

1.  The applicant states he went through the medical evaluation board process in 2016.  
He met all the requirements for promotion to SSG, except for the 1-year service 
remaining requirement.  He was too preoccupied with his final months in the U.S. Army 
to further investigate his promotable status.  He was contacted by the VA Office in 
Fayetteville, NC, regarding his promotion status.  The VA representative told him to 
contact HRC Promotions to find out if his name was on the C10 roster (i.e., 
recommended list for promotion of enlisted personnel) in November 2016 until the 
present.  lf his name was on the C10 roster, he could request a copy to forward to the 
VA for VA to promote him.  HRC Promotions instructed him to contact the Army Review 
Boards Agency.  He cannot contact his parent unit S-1 or training room, Charlie Battery 
3rd Battalion, 319th Field Artillery Regiment Division Artillery, 82nd Airborne Division, 
because they are deployed to Afghanistan.  He did not get promoted and was retired as 
an SGT/E-5.

2.  The applicant was promoted to SGT/E-5 effective 1 November 2008 in military 
occupational specialty 13B (Cannon Crewmember).

3.  The applicant provided his VA Disability Evaluation System proposed rating, dated 
26 October 2016.

4.  The applicant provided the HRC memorandum, dated 23 November 2016, subject:  
Department of the Army Promotion Point Cutoff Scores for 1 December 2016 and Junior 
Enlisted Issues for the Active Army ERB, dated 29 November 2016, showing the 
promotion point cutoff score for military occupational specialty 13B was 448 in the 
primary zone and 475 in the secondary zone for 1 December 2016 promotions to SSG.

5.  The applicant provided his ERB, dated 29 November 2016, showing his rank of SGT 
with a date of rank of 1 November 2008.  Promotion points, year and month, and 
previous promotion points, year and month, are blank.

6.  The applicant provided an "Unofficial Copy" of his PPW, dated 30 November 2016, 
showing his total unofficial promotion points of 482.

7.  The applicant also provided U.S. Army Installation Management Command and 
Headquarters, U.S. Army Garrison, Orders 340-0296, dated 20 February 2017, placing 
him on the Retired List effective 20 February 2017 in the retired grade of SGT with a 
date of rank of 1 November 2008.

8.  The applicant retired on 20 February 2017 by reason of permanent disability.  His 
DD Form 214 shows his rank as SGT and his pay grade as E-5.

9.  There are no records showing the applicant was considered by a promotion board 
and selected for promotion to SSG/E-6.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records, and regulatory requirements.  The Board noted the facts 
presented above.  The Board found no evidence that the applicant had been promoted 
to SSG or was on an approved promotion list for SSG.  While it appears that he may 
have been eligible for promotion consideration, he was not selected for promotion prior 
to retiring.  Based on a preponderance of evidence, the Board determined that there 
was no error or injustice in the applicant’s retirement rank of SGT/E5.

2.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20180000422


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