ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2019 DOCKET NUMBER: AR20180013721 APPLICANT REQUESTS: * Promotion to sergeant (SGT)/E-5 * Back pay for the grade of E-5 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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, the Army failed to promote her due to race and gender bias. She was denied promotion after completing the Non-Commissioned Officer Course. She is owed back pay for E-5 and wants her records to reflect her rank as SGT. 3. The applicant provided a DD FM 214 (Certificate of Release or Discharge from Active Duty) which reflects her rank as specialist, SPC/E-4. 4. The applicant service record shows: a. She enlisted in the Regular Army on 23 October 1979. She served continuously on active duty through multiple reenlistments in a variety of assignments. b. On 10 September 1982, the applicant’s Department of the Army (DA) Disposition Form reflected recommendation for applicant to promotion for sergeant (SGT) c. On 28 October 1982, the applicant was recommended for promotion to SGT in the primary zone on the report of promotion proceedings. On 26 January 1987, the applicant had a DA Form 3355 Promotion Point Work Sheet for recommended grade of SGT. d. DA Form 2-1 (Personnel Qualification Record (PQR)) shows the following: * Item 17 (Civilian Education and Military Schools) shows the Noncommission Officer Development Course 1984 * Item 18 specialist/E-4 date of rank 1 February 1981 e. She was honorably discharged on 13 October 1987. Block 4a (Grade, Rate or Rank) reflects SPC. She completed 7 years, 11 months, and 21 days of active service. 5. ABCMR denied the applicants request for case AR20120020278 on 22 April 2013. The record of proceedings state that 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. 6. Army Regulation (AR) Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. a. Field grade commanders in units authorized a commander in the grade of Lieutenant Colonel (LTC) or higher have promotion authority to the ranks of SGT and SSG; however, the Promotion Work Center maintains the promotion standing list and issues the orders. b. Headquarters Department of the Army (HQDA) determine the needs of the Army by grade and military occupation specialty (MOS). c. A Soldier’s total points are forwarded through the Standard Installation Division Personnel Systems Database to Personnel Command (US. Army) for consolidation in to an Army wide listing of eligible by MOS. (1) A determination is then made for each MOS as to what promotion point cutoff score would promote the desired number of Soldiers to meet the needs of the Army in a specific month. (2) These decisions are based primarily upon budget constraints and individual MOS requirements. 7. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system a. For Soldiers promoted to PV2 through SGM entitled to a promotion effective date that exceeds 6 months prior to the date of the promotion instrument, the following will be entered in the special instructions: Because the effective date of the promotion exceeds this instrument by more than 6 months, the Defense Joint Military Pay System will automatically pay up to 12 months of back pay entitlements. b. Your next leave and earnings statement will reflect such payment. If you are due back pay in excess of 12 months, upon receipt of your leave and earnings statement that reflects back pay, provide your servicing Finance and Accounting Office (FAO) with a copy of the instrument. Your servicing FAO will initiate procedures under the provisions of the DOD Financial Management Regulation 7000.14–R, volume 7A, table 2–2, rule number 5, which will result in you receiving any additional back pay to which you are entitled. 8. AR 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded there was a lack of evidence to show the applicant was negatively impacted on any promotion opportunity. In the Board’s opinion, the applicant failed to provide any corroborating evidence to show her promotion opportunities were impacted by any prejudices of her leadership. For that reason, the Board found there was no evidence of an error or injustice which would warrant making a change to the applicant pay grade and rank. 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, 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. Army Regulation (AR). Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. a. Field grade commanders in units authorized a commander in the grade of Lieutenant Colonel (LTC) or higher have promotion authority to the ranks of SGT and SSG; however, the Promotion Work Center maintains the promotion standing list and issues the orders. b. Headquarters Department of the Army (HQDA) determine the needs of the Army by grade and military occupation specialty (MOS). c. A Soldier’s total points are forwarder through the Standard Installation Division Personnel Systems Database to Personnel Command (US. Army) for consolidation in to an Army wide listing of eligible by MOS. (1) A determination is then made for each MOS as to what promotion point cutoff score would promote the desired number of Soldiers to meet the needs of the Army in a specific Month. (2) These decisions are based primarily upon budget constraints and individual MOS requirements. 3. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system a. For Soldiers promoted to PV2 through SGM entitled to a promotion effective date that exceeds 6 months prior to the date of the promotion instrument, the following will be entered in the special instructions: Because the effective date of the promotion exceeds this instrument by more than 6 months, the Defense Joint Military Pay System will automatically pay up to 12 months of back pay entitlements. b. Your next leave and earnings statement will reflect such payment. If you are due back pay in excess of 12 months, upon receipt of your leave and earnings statement that reflects back pay, provide your servicing Finance and Accounting Office (FAO) with a copy of the instrument. Your servicing FAO will initiate procedures under the provisions of the DOD Financial Management Regulation 7000.14–R, volume 7A, table 2–2, rule number 5, which will result in you receiving any additional back pay to which you are entitled. 4. AR 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. ABCMR Record of Proceedings (cont) AR20180013721 5 1