ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20180007651 APPLICANT REQUESTS: • promotion to Sergeant (SGT)/E-5 • retirement rank reviewed APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • self-authored letter • excerpt from Army Regulation 600-8-19 (Enlisted Promotions and Reduction) • promotion board proceedings 25 October 2015 ? promotion cutoff scores 1 December 2015 • promotion board proceedings 30 January 2017 • Soldier data sheet • DA Form 705 (Army Physical Fitness Test (APFT) Scorecard) • promotion cutoff scores 1 May 2017 • board members results sheet FACTS: 1. The applicant states: • he requests his promotion rank of SGT be reviewed back to October 2015 • he was in South Korea where the first human error occurred of not submitting his promotion packet on time to Human Resource Command (HRC) • he also requests to have his retirement rank of SGT be reviewed back to January 2017 • he was denied promotion again due to human/computer error prior to being medically retired • in December 2015 he followed procedures and submitted the proper documentation to meet qualification to promotion to SGT • one of the board members was responsible for submitting his promotion packet to HRC once the board completed • she did not sent it up before she went on leave • the individual admitted making the error of not submitting his packet • HRC stated there was no exception to policy for human or computer errors therefore he did not get promoted • he requested his promotion orders so he could retire from the Army as a SGT • he was told his APFT had reverted to an out-of-date APFT which kept him from getting his promotion • he was undergoing a Physical Evaluation Board through the Disability Evaluation System (DES) • his S1 told him he had to keep his APFT current while going through the DES; however regulation states otherwise • for both promotion boards he had to fix his APFT being out of date in the computer system • he pointed out the error on both promotion board worksheets 2. In a self-authored letter the applicant states: a. He went to the promotion board while stationed in Korea. He had a current passing APFT, passing weapons card, and no flags at the time. Having your Enlisted Record Brief (ERB) free of errors is a requirement for going to a promotion board. During his promotion board one of the board members noticed an error on his ERB. This was a surprise to him because he had sat down with his S1 prior to the board to make sure his ERB was updated prior to the board. The computer system had reverted back to his old ERB on the day of the board. As soon as soon as the board was completed he went and corrected the error on his ERB. In spite of the error he was given a promotable status; however, he never got promoted to SGT because of a human error by the S1. b. He again went to the promotion board while at Fort Hood, Texas and received a promotable status for SGT as of January 2017. He had reviewed his promotion packet prior to the board to ensure everything was up to date. Yet again, one of the board members discovered an error on his ERB. His ERB was printed out by the S1 with errors. He had to go and correct the mistakes after the board. In April 2017, his neurologist submitted his medical evaluation board (MEB) for migraines and was later found unfit for duty. His MEB w2as accepted and he was under the impression once he started the MEB process you were locked in the status whether promotable or not. c. In November 2017, he went to S1 and asked for his promotion orders so he could retire from the Army as a SGT. They told him he was not promotable because his ERB was out of date due to his old APFT card. He was denied promotion in both Korea and Fort Hood due to errors with the S1 computer. d. In Korea, S1 had to submit his promotion packet to HRC through their website. If done correctly, he would have been promoted in December of 2015. The noncommissioned officer (NCO) in charge of S1 did not submit his packet due to going on leave. She told another NCO to process his packet and sent it up to HRC the day of the promotion board. When she returned from leave, his promotion packet was still on her desk. He should have been on the Command List Integration or automatic promotion of 39 points for the month of December 2015. He should have been promoted to SGT either by the promotion board or by automatic promotion of 39 points in December 2015. However he was not promoted based on HRC remarks of no exception to policy due to human or computer error. Additionally, he was placed on the promotions standing list on 30 November 2015 by an S1 NCO showing he was eligible and recommended for promotion to SGT. He exhausted all avenues to try and find someone to help him resolve his issue but unfortunately never did. e. In November 2017 while assigned at Fort Hood, Texas he was told he would not be given his promotion orders for his retirement due to an out-of-date APFT card showing May 2016 as his last record APFT. He had a current APFT card recorded in December of 2016 which should remain current for one year. His ERB was updated the day prior to his promotion board in January 2017 but it had reverted to his previous ERB showing an old APFT card. Based on the old APFT card he lost his promotable status in 2017. He was again placed on the promotions standing list on 31 January 2017 and with a status eligible for SGT. f. He has followed the rules and provided all proper documents to ensure his promotion process would run smoothly and without issues over the past two years. Again he was denied promotion by S1. g. He has always done his part as a leader and team player in all aspects of his military career. He has never received any bad paper in his almost 8 years in the Army. He feels he has done all the right things especially when it came to his promotion. He has conducted himself as a leader and good person since the start of his career in 2010 until his retirement in 2017. He has a proven record of hard work and exception duty performance. He was a team leader while at Korea, his team had over 2,000 mission hours and over 180 mission reports. He supervised a team of soldiers and performed complex and timely geospatial and imagery analysis while maintaining mission standards with no errors. f. He respectfully requests that he be allowed to medically retire at the rank of SGT. Hat the time he was placed on medical retirement he should have been in a promotable status. He proactively sought to update and correct his ERB before going to the promotion board. 3. The applicant provides promotion board proceedings from 29 October 2015 and 30 January 2017. During both promotion board proceedings the applicant was recommended for promotion to the rank of SGT. 4. He also provides a copy of his APFT scorecard showing he passed his APFT on 15 December 2016. His Soldier data sheet shows he was eligible for recommended for promotion in 2015. The data sheet also shows he was ineligible for promotion on 31 January 2017 because he did not meet the NCO education system (NCOES) requirements and on 1 June 2017 he was ineligible because of his APFT. 5. The applicant's service records contain a DA Form 199 (Informal Physical EvaluationBoard (PEB) Proceedings), which concluded on 19 October 2017. The board found the applicant was unfit and recommended a rating of 40 percent disability and that he be retired for permanent disability. The applicant's records are void of evidence showing when he was enrolled in the DES. 6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. It states: • Soldiers in the DES process who are pending a medical fitness determination remain otherwise eligible for promotion consideration, selection, and pin-on • Soldiers will not be required to maintain their APFT or weapons qualification for the purpose of promotion eligibility or pin-on • while in the DES, Soldiers are not required to meet prescribed service remaining requirements for promotion • Soldiers on a promotion list who are retired for physical disability 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 regardless of cutoff scores, sequence numbers, or position availability. • the Soldier must otherwise be eligible for promotion • the NCOES requirements in paragraph are waived BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the record. The Board discussed his being recommended for SGT and the reason for him not being promoted. The Board determined that due to administrative errors he was not promoted prior to his medical retirement and that he should have been medically retired as a SGT/E-5. 2. After reviewing the application and all supporting documents, the Board determined that relief was warranted. BOARD VOTE: Member 1 Member 2 Member 3 :X :X :X Full Grant : : : Partial Grant : : : Formal Hearing Grant : : : Deny 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: 1. amending his DD Form 214 for the period of service ending 4 February 2018 to show that he was medically retired in the grade and rank of SGT/E-5 and; 2. paying him any additional monies owed him as a result of this correction. CHAIRPERSON 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. REFERENCE: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. Chapter 3, Semi-centralized Promotions (SGT and SSG) governs the promotion system for active Army and Reserve Soldiers. It states, the the Soldier will be recommended for promotion and the promotion authority will approve or disapprove the recommendation. a. Paragraph 1–20., describes the promotion of Soldiers in the Disability Evaluation System. It states, Soldiers in the Disability Evaluation System (DES) process who are pending a medical fitness determination (referral to a medical evaluation board under AR 40–400, or physical evaluation board under AR 635–40) remain otherwise eligible for promotion consideration, selection, and pin-on. The issuance of a permanent profile of “3” or “4” alone will not be used as the sole basis for determining PMOS disqualification. b. While in the DES, Soldiers will not be required to maintain their APFT or weapons qualification for the purpose of promotion eligibility or pin-on. For semi-centralized promotion consideration, selection, and pin-on, Soldiers within the DES who are unable to perform an APFT or qualify with a weapon will use their last score until they are medically cleared to take the APFT or qualify with a weapon. Soldiers within the DES due to combat-related operations who failed to qualify with a weapon or failed their last APFT will be granted the minimum qualifying score. c. While in the DES, Soldiers are not required to meet prescribed service remaining requirements for promotion as provided for in this regulation. d. Per the provisions of 10 USC 1372, Soldiers on a promotion list who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the temporary disability retired list (TDRL) (10 USC 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 TDRL regardless of cutoff scores, sequence numbers, or position availability. In all cases, the Soldier must otherwise be eligible for promotion in accordance with paragraph 1–10 (the NCOES requirements in paragraph 1–28 are waived). ABCMR Record of Proceedings (cont) AR20180007651 ABCMR Record of Proceedings (cont) AR20180007651 2 5