ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 18 July 2019 DOCKET NUMBER: AR20180014585 APPLICANT REQUESTS: His rank to be changed from Staff Sergeant (SSG) to Sergeant First Class (SFC) APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) * Veterans Affairs (VA) ratings * Retirement Orders * Fiscal Year (FY) 2016 SFC Promotion list FACTS: 1. The applicant states: * he was in the process of going through the Medical Evaluation Board (MEB) process * during the process he was on the promotion list to SFC * upon receiving his retirement orders, he was informed he would not retire at the rank of SFC * he was on the promotion list with a sequence number 2. The applicant provides the following for the Board's consideration: * his DD Form 214 showing he was discharged and placed in US Army Reserve Control Group (Retired) * his discharge was due to disability, temporary (enhanced) * his PEB results which found him physically unfit and recommended a rating of 60 percent * his VA rating which was proposed to be 100 percent disabled * Orders 236-0004 releasing him from active duty due to physical disability * FY 2016 SFC selection list showing he had sequence number 118 3. The applicant's service records contain a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice [UCMJ]), which shows he received nonjudicial punishment on 19 September 2017 for failing to obey a lawful general regulation on or about 1 April 2017 to on or about 1 July 2017. His punishment included a written reprimand from the Commanding General. 4. There is no evidence in the applicant's service record regarding a STAB or the results of a STAB. 5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), states Soldiers will be referred to a Standby Advisory Board (STAB) for having an Article 15, UCMJ that is filed in their performance folder and a memorandum of reprimand placed in the performance folder. 6. In the processing of this case, an advisory opinion was obtained on 13 May 2019, from Chief, Department of the Army Promotions Branch. The advisory official opined administrative relief is not warranted. A STAB was conducted in April 2018, and recommended removing the applicant from the FY 2016 SFC Promotion List. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 7. The applicant was provided a copy of this advisory opinion on 7 June 2019, to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the record and the advisory opinion. The Board considered the applicant’s statement, the medical reasons for his separation, his selection for SFC, non-judicial punishment and a Letter of Reprimand and his subsequent removal from the list due to misconduct by the DMPM (as described in the advisory opinion). The Board concurred with the advising official and found no evidence that the applicant was on a promotion list to SFC at the time of his retirement and therefore the rank that appeared on his DD Form 214 (retirement) and discharge orders was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that 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. REFERENCE: Army Regulation 600-8-19 (Enlisted Promotions and Reductions), prescribes the enlisted promotions and reductions function of the military personnel system. It is linked to the Army Regulation (AR) 600-8 series and 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 includes filling authorized enlisted spaces with the best qualified Soldiers. a. Human Resources Command (HRC), Enlisted Promotions will continuously review selection lists against all information available to ensure that no Soldier is promoted when there is cause to believe that a Soldier is mentally, physically, morally, or professionally unqualified to perform duties of the higher rank. b. In addition to the paragraph above, Soldiers will be referred to a Standby Advisory Board (STAB) for the following reasons. This list is not all inclusive: * Article 15, Uniform Code of Military Justice directed for filing in the performance folder * a memorandum of reprimand placed in the performance folder * adverse documentation filed in the performance folder * Soldiers who are flagged in accordance with Army Regulation 600-8-2 and have not met the requirements in the time prescribed by that regulation ABCMR Record of Proceedings (cont) AR20180014585 2