ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  21 August 2019

	DOCKET NUMBER:  AR20180013843


APPLICANT REQUESTS: promotion to sergeant first class (SFC) E-7

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Advance Course Certificate
*	Certificate of Achievement
*	3 Enlisted Evaluations Reports (EER)
*	3 Noncommission Officer Evaluation Reports (NCOER)

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 he did everything he could to get promoted to SFC.  He 
completed the advance course for SFC, held SFC duty positions, and he never was 
selected for promotion.  Because of that injustice he had to leave the Army.

3.  The applicant provides,

*	Advance Course Diploma from 12 November 1985 to 27 March 1986
*	Certificate of Achievement for his duty performance from 15 October 1979 to 
30 April 1980
*	3 EERs, 8308 through 8402, 8403 -8408, and 8409-8508
*	3 NCOERs, 8811-8910, 9106-9201, and 9202-9210

4.  The applicant service record shows:

	a. He enlisted in the Regular Army on 17 August 1977.  He served continuously on 
active duty through multiple reenlistments in a variety of assignments.

	b.  DA Form 2-1 (Personnel Qualification Record (PQR)) shows the following:

*	sergeant/E-5  date of rank 3 March 1978
*	Staff Sergeant/E-6 date of rank 4 October 1981
*	Item 17 Civilian Education and Military Schools shows the Primary 
Leadership Development Course 1976 and Advance Noncommission Officer 
Course 1986
*	Item 27 remarks shows a copy of his DA form 2-1 was forwarded for review 
for the SFC promotion board on 27 July 1990

	c.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects 
that on 30 November 1992, he retired from active duty for length of service.  He had 20 
years and 26 days of active duty service.  

5.  Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) prescribes 
the enlisted promotions and reductions function of the military personnel system.  It 
provides principles of support, standards of service, policies, tasks, rules, and steps 
governing all work required in the field to support promotions and reductions.  It 
provides the objectives of the Army’s Enlisted Promotions System, which include filling 
authorized enlisted spaces with the best qualified Soldiers.

	a.  Headquarters Department of the Army (HQDA) promotes Soldiers to the ranks of 
SFC, master sergeant, and sergeant major.  Criteria for primary and secondary zones of 
consideration for each grade will be announced by HQDA before each board.  A Soldier 
may not decline promotion consideration.  Soldiers must meet the announced date of 
rank requirements and other eligibility criteria prescribed by HQDA.

	b.  Selections by DA boards will be based on impartial consideration of all eligible 
Soldiers in the announced zone.  Selections will be made by military occupational 
specialty (MOS).  

	c.  Boards will select the best qualified in each MOS for promotion.  They will 
recommend a specified number of Soldiers by MOS from zones of consideration who 
are the best qualified to meet the needs of the Army.  The total number selected in each 
MOS is the projected number the Army needs to maintain its authorized by grade 
strength at any given time.

	d.  Soldiers who are not selected for promotion will not be provided specific reasons 
for non-selection.  Board members may not record their reasons nor give reasons for 
selection or non-selection.

	e.  Each promotion board considers all NCOs eligible for promotion consideration, 
but it may only select a number within established selection constraints.  The Secretary 
of the Army, in his Memorandum of Instruction, establishes limits on the number of 
NCOs to be selected.  The selection process is an extremely competitive process based 
on the "whole Soldier" concept.  It is an unavoidable fact that some staff sergeants 
considered for promotion will not be selected.  There are always more outstanding 
NCOs who are fully qualified to perform duty at the next higher grade, but who are not 
selected because of selection capability restrictions.  Promotion boards are tasked with 
choosing the best qualified Soldiers to meet the needs of the Army at the time.  

	f.  Since promotion selection boards are not authorized by law to divulge the reasons 
for selection or non-selection of any NCO, specific reasons for the board's 
recommendations are not known.  A non-selected staff sergeant can only conclude that 
a promotion selection board determined that his overall record, when compared with the 
records of contemporaries in the zone of consideration, did not reflect as high a 
potential as those selected for promotion.

6.  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 found relief was 
not warranted.  The applicant’s contentions were carefully considered.  He requests 
promotion to SFC after completing required military training and serving in SFC 
positions.  His record is absent evidence that shows he was selected for promotion to 
SFC by a promotion selection board.  Official promotion and selection boards select 
members for promotion based upon their performance and potential; the Board does 
not.  The Board may refer records to appear before a special selection board (SSB) for 
promotion consideration when there is a clear error or injustice.  The Board agreed the 
request for relief has no merit as the available evidence does not clearly indicate that 
the conditions for referring the applicant to an SSB was met.

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) 600-8-19 (Enlisted Promotions and Reductions) prescribes 
the enlisted promotions and reductions function of the military personnel system

	a.  Headquarters Department of the Army (HQDA) promotes Soldiers to the ranks of 
SFC, master sergeant, and sergeant major.  Criteria for primary and secondary zones 
of consideration for each grade will be announced by HQDA before each board.  A 
Soldier may not decline promotion consideration.  Soldiers must meet the announced 
date of rank requirements and other eligibility criteria prescribed by HQDA.

	b.  Selections by DA boards will be based on impartial consideration of all eligible 
Soldiers in the announced zone.  Selections will be made by military occupational 
specialty (MOS).  

	c.  Boards will select the best qualified in each MOS for promotion.  They will 
recommend a specified number of Soldiers by MOS from zones of consideration who 
are the best qualified to meet the needs of the Army.  The total number selected in 
each MOS is the projected number the Army needs to maintain its authorized–by–
grade strength at any given time.

	d.  Command initiated removals from a centralized promotion list should be 
considered only when circumstances involved warrant such significant action and 
commanders should evaluate circumstances to ensure that all other appropriate actions 
have been taken or the basis for considering removal is serious enough to call for 
denying the individual’s promotion.  

3.  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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180013843

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