ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  5 August 2019

	DOCKET NUMBER:  AR20180000446


APPLICANT REQUESTS:  promotion to the rank of Sergeant (SGT/E5)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum for Record: Report of Promotion Board Proceedings for Promotion 
to Sergeant and Staff Sergeant
*	DA Form 3357 (Board Recommendation) 
*	DA Form 3355 (Promotion Point Worksheet)
*	Order# 177-6 (Separation Order)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), 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 that she was recommended for promotion to SGT on                           
11 March 1992, but she was never actually promoted or paid as a SGT.

3.  The applicant provides: 

*	a Memorandum for Record dated 11 March 1992 – reflecting the applicant’s 
name as being one of several Soldiers to be integrated onto the promotion 
recommendation list
*	DA Form 3357 (total of 5) – reflective of the applicant’s overall score as rated by 
each of the 5 promotion board members
*	DA Form 3355 – reflective of the applicant’s promotion point breakdown within 
the 6 rated areas
*	Order# 177-6 (dated 15 September 1992) – discharging the applicant at the rank 
of SPC, effective 25 September 1992
*	DD Form 214 dated 25 September 1992 – discharging the applicant from military 
due to a physical disability
 
4.  A review of the applicant’s service records indicates the following on: 

*	20 July 1987 – she enlisted in the Army Delayed Entry Program
*	2 December 1987 (Order# 241-024) – she was transferred into the active Army 
*	17 April 1989 – she was promoted to SPC
*	5 September 1990 (Order# 222-6) – she was laterally promoted to Corporal
*	2 April 1991 – she reenlisted for 3 years 
*	25 September 1992 – she received severance pay and was discharged from the 
Army under the provisions of Army Regulation (AR) 635-40 paragraph 4-24b(3) 

5.  The applicant did not provide, nor does a review of her records indicate:

*	promotion beyond the rank of Specialist or Corporal (E4) 
*	completion of Primary Leadership Development Course
*	she met or exceeded the announced HQDA cutoff score

6.  AR 635-40 paragraph 4-24b(3) refers to a separation from military service for 
physical-disability with severance pay.

7.  AR 600-8-19 (Enlisted Promotions and Reductions) Chapter 3 (Semi-centralized 
Promotions (SGT and SSG) states that Effective 1 October 1989, soldiers were required 
to be graduates of the Primary Leadership Development Course (PLDC) prior to 
promotion to SGT.  Soldiers are allowed to compete for promotion to SGT but cannot be 
promoted to SGT until completion of PLDC.  

8.  Paragraph 1-10 (Nonpromotable status) states that Soldiers (Private through Master 
Sergeant) are nonpromotable to a higher grade when A Physical Evaluation Board 
(PEB) determines that a Soldier is no longer qualified for continued active service and 
or are involved in proceedings that may result in an administrative elimination.

9.  Paragraph 3-8 (Hospitalized Soldiers because of service-incurred disease, wound or 
injury) states that Soldiers on the recommended list selected by a local board prior to 
hospitalization, may be promoted if their point scores are the same or higher than those 
announced by HQDA.  

10.  AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of 
each case with the presumption of administrative regularity.  The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.




BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and policy specific to promotion to SGT.  The Board considered 
the applicant’s statement, her record of service to include promotions, her inclusion on a 
recommended list for SGT, the reason for her separation and the rank reflected on her 
DD Form 214.  The Board did not find evidence that the applicant completed PLDC, a 
prerequisite for promotion to SGT.  Based upon a preponderance of evidence, the 
Board determined that the rank reflected on the applicant’s DD Form 214 was 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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  AR 600-8-19 (Enlisted Promotions and Reductions) Chapter 3 (Semi-centralized 
Promotions (SGT and SSG) states that Effective 1 October 1989, soldiers were required 
to be graduates of the Primary Leadership Development Course (PLDC) prior to 
promotion to SGT. Soldiers are allowed to compete for promotion to SGT but cannot be 
promoted to SGT until completion of PLDC.

3.  Paragraph 1-10 (Nonpromotable status) stats that Soldiers (Private through Master 
Sergeant) are nonpromotable to a higher grade when A Physical Evaluation Board 
(PEB) determines that a Soldier is no longer qualified for continued active service and 
or are involved in proceedings that may result in an administrative elimination.

4.  Paragraph 3-8 (Hospitalized Soldiers because of service-incurred disease, wound or 
injury) states that Soldiers on the recommended list selected by a local board prior to 
hospitalization, may be promoted if their point scores are the same or higher than those 
announced by HQDA.

5.  AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of 
each case with the presumption of administrative regularity.  The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.


ABCMR Record of Proceedings (cont)	 AR20180000446

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