ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:

                  BOARD DATE:  31 May 2019

                  DOCKET NUMBER:  AR20180008868

APPLICANT REQUESTS:  

promotion to Master Sergeant (MSG)/E-8 on the retired list

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	self-authored timeline of submitted documents
*	emails regarding Advanced Noncommissioned Officer Course (ANCOC) school 
dates
*	medical and dental readiness policy
*	Physical Evaluation Board (PEB) proceedings
*	emails regarding retirement
*	discharge order
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the time frame provided in the statute of                         
limitations; however, the Army Board for Correction of Military Records has elected to 
conduct a substantive review of this case and has determined it is in the interest of 
justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

*	he requests to be advanced on the medically retired list to E-8 effective prior 
to 27 January 2014
*	he retired on 27 January 2014 in the grade of E-7
*	a soldier will be promoted prior to medical discharge if they are on the 
promotion list
*	he was never given the opportunity to be placed on the promotion list
*	the ANCOC course is a requirement to be promoted to MSG
*	his first school date was cancelled by the school through no fault of his own
*	he had another class date and was substituted and replaced by another 
Soldier because he was in the PEB process and not allowed to go on 
temporary duty
*	through no fault of his own and after many attempts he has been prevented 
from being on the promotion list
*	he was active duty on Army Guard Reserve status and the PEB transferred 
him to active duty for retirement
*	he believes the promotion just was missed due to the transfer 

3.  The applicant provides:

*	a time line of the documents he submitted for consideration by the Board
*	a chain of emails showing he was reserved, slotted, and deleted from 
ANCOC on two occasions
*	Policy 12-24 Medical and Dental Readiness stating MRC 4 Soldiers will not 
attend schools or annual training and will not be placed on orders
*	his PEB documents showing he was found unfit for duty
*	a chain of emails regarding his retirement rank
*	his discharge orders
*	his DD Form 214

4.  The applicant was selected to attend ANCOC, a prerequisite for being selected to 
promotion to MSG, on two occasions.  The school cancelled the course the first time the 
applicant was to attend the course.  The second time he was selected for ANCOC, he 
was replaced by another Soldier because he was in the DES process.  

5.  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 
*	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 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 noncommissioned officer education system requirements are waived  

6.  The applicant was not placed on the promotion list for MSG.  He did not complete 
ANCOC because it was cancelled by the school and due to Policy 12-24 from Joint 
Force Headquarters, Mississippi National Guard.
 




BOARD DISCUSSION:

1. The Board carefully considered the applicant’s request, supporting documents and 
evidence in the record.  The Board discussed the requirements for promotion to MSG 
and the applicant’s medical proceedings and determined that the applicant, at the time 
of his medical retirement, was not eligible for promotion.  The Board further determined 
that in the absence of evidence to show the applicant had been selected for MSG, he 
was not eligible for correction of his retired grade. 

2.  After reviewing the application and all supporting documents, the Board found the 
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.



REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year 
statute of limitations if the ABCMR determines it would be in the interest of justice to do 
so.  

2.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the 
policies and procedures governing promotion and reduction of Army enlisted personnel.   

	a.  Paragraph 1–20a, describes promotion of Soldiers in the Disability Evaluation 
System (DES).   Soldiers who are pending a medical fitness determination 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. No RC Soldier who is in the DES process will lose his or her 
promotable status solely because a promotion list expires prior to a vacancy for 
promotion becoming available. 

	b.  While in the DES, Soldiers are not required to meet prescribed service remaining 
requirements for promotion as provided for in this regulation. 

	c.  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.  The NCOES requirements are waived.  

ABCMR Record of Proceedings (cont)		AR20180008868
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