IN THE CASE OF:  

		BOARD DATE:  28 July 2020

		DOCKET NUMBER:  AR20180009611


APPLICANT REQUESTS: Correction of his record to show his promotion Date of Rank 
(DOR) to the rank/grade of private first class (PFC)/E-3 as 9 April 2017, in lieu of, 
20 March 2018.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Enlisted Record Brief (ERB)
*	DA Form 705 (Army Physical Fitness Test (APFT) Scorecard)

FACTS:

1.  The applicant states he was promoted to the rank/grade of private (PV2)/E-2 on 
4 April 2016 and qualified for promotion to PFC on 9 April 2017, but was not promoted 
to PFC until 20 March 2018.  All of his documents, APFTs were current and he was not 
flagged.  He had the time in service and met all requirements for automatic promotion, 
but he was not promoted.  If he would have been promoted to PFC on time, he would 
be eligible for promotion to the rank/grade of specialist (SPC)/E-4 since                                             
12 February 2018.

2.  A review of the applicant's official records shows the following on:

	a.  On 12 February 2016, the applicant enlisted in the Puerto Rico Army National 
Guard in the rank/grade of private (PVT)/E-1.

	b.  On 4 April 2016, DA Form 4187 (Personnel Action) was completed showing the 
applicant was approved for advancement to the rank of PV2, effective on 4 April 2016, 
with a DOR of 4 April 2016.

	c.  On 4 April 2018, DA Form 4187 was completed showing the applicant was 
approved for advancement to the rank of PFC, effective on 20 March 2018, with a DOR 
of 20 March 2018.  The document states "the applicant's promotion was delayed due to 
administrative error."

	d.  The applicant's records are void of a DA Form 268 (Report to Suspend Favorable 
Personnel Actions (Flag)), which would indicate he was prohibited from being promoted.

3.  The applicant provides:

	a.  ERB showing the applicant was not flagged for any adverse actions.

	b.  DA Form 705 showing the applicant passed his APFT at the time. 

4.  On 30 March 2020, the National Guard Bureau reviewed the applicant's records and 
rendered an advisory opinion in his case.  After a thorough review, the Chief, Special 
Actions Branch opined that the applicant’s DOR to PFC be amended to reflect 12 
February 2017 and that he receive full relief to include pay and allowances lost to him 
through no fault of his own for the period between 12 February 2017 and 20 March 
2018 wherein he served as a PV2.

	a.  According to Army Regulation (AR) 600-8-19 (Enlisted Promotions and 
Reductions) chapter 2, section 2-3c(2), "promotion to PFC is 12 months-time in service 
and 4 months-time in grade."  The applicant achieved eligibility for advancement to PFC
on 12 February 2017.  The remarks section of his DA Form 4187 advancing him to the 
rank of PFC states that the promotion was delayed due to administrative error, citing AR 
600-8-10 (Leaves and Passes), paragraph 3-31(c).  The authority indicated on the                         
DA Form 4187 may have been cited in error, as this is the regulation for leaves and 
passes. However, AR 600-8-19, paragraph 3-31(c) states the following: "A Soldier’s 
DOR, unless otherwise specified in this regulation, will be the same as the effective date 
of promotion.  If a valid promotion was delayed because of an administrative error, the 
DOR will be the effective date that the promotion should have occurred."

	b.  The applicant did not have a pending suspension of favorable personnel action,
nor did he have such an action in place at the time he was eligible for advancement.
 
5.  The applicant was provided with a copy of this advisory opinion to give him an 
opportunity to respond and/or submit a rebuttal.  He did not respond.

6.  See applicable references below.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
there is sufficient evidence to grant relief.  The Board agreed with the National Guard 
Bureau advisory opinion, dated 30 March 2020, that the applicant’s DOR to PFC should 
be amended to reflect 12 February 2017 and that he receive full relief to include pay 
and allowances lost to him through no fault of his own for the period between 12 
February 2017 and 20 March 2018 wherein he served as a PV2, but should have been 
paid as a PFC.


?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 
Army records of the individual concerned be corrected by:

1.  amending the applicant’s date of rank to PFC/E-3 to reflect 12 February 2017, vice 
20 March 2018, and

2.  paying him all back pay and allowances



		  
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.  AR 600-8-19 (Enlisted Promotions and Reductions):

	a.  Paragraph 2-3 states for U.S. Army Reserve promotions to PFC, DA Form 4187 
is the official instrument used by commanders to recommend Soldiers for promotion to 
SPC and below. 

	b.  Paragraph 2-3c(2) states the promotion to PFC requirements are 12 months-time 
in service and 4 months-time in grade. 

2.  Title 10 United States Code, section 1552 states the Secretary of a military 
department may correct any military record of the Secretary’s department when the 
Secretary considers it necessary to correct an error or remove an injustice.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180009611


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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