ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 July 2019 DOCKET NUMBER: AR20190002973 APPLICANT REQUESTS: Reversal of the Department of the Army revocation and reinstatement of his promotion to the rank/grade sergeant first class (SFC)/E-7. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 206-32, dated 25 July 2018 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 29 August 2018 * DA Form 4789 (Statement of Entitlement to Retention Incentive), dated 29 August 2018 * DA Form 3340 (Request for Continued Service in the Regular Army (RA), dated 28 August 2018 * DA Form 2823 (Sworn Statement), dated 9 October 2018 * DA Form 4187 (Personnel Action), dated 9 October 2018 * Memorandum, Subject: Request for Contract Validation for Selective Retention Bonus, dated 2 November 2018 * Orders Number 309-103, dated 5 November 2018 * Email correspondence, dated August – November 2018 * Excerpt, Army Regulation (AR) 601-280 (Army Retention Program) FACTS: 1. The applicant states his promotion to SFC was revoked by the U.S. Army Human Resources Command (HRC) Promotions Branch on 5 November 2018 after they received a memorandum from HRC Retention Branch, that canceled his reenlistment contract due to the fact they determined the contract to be invalid because he was never administered the Oath of Reenlistment by the Reenlisting Officer. The Oath of Reenlistment was never coordinated by his battalion career counselor. The cancellation of his reenlistment contract due to this, cancelled his service remaining requirement that he reenlisted for in August 2018, in order to meet the service remaining requirement for promotion to SFC. He believes this revocation to be unjust due to the fact it is the career counselors responsibility to plan, coordinate and conduct reenlistment and/or extension ceremonies as stated in AR 601-280 paragraph 2-6, page 16, section 4 and appendix D paragraph D-2. His reenlistment was dated for 29 August 2018 and he was never provided an Oath of Reenlistment or ceremony. He was instructed by the battalion career counselor to call him when he arrived in Afghanistan to let him know he made it safely and then he would arrange the Oath of Reenlistment ceremony in order to make his reenlistment official. The battalion career counselor never planned or coordinated his Oath of Reenlistment or ceremony after he spoke to him from Afghanistan on 28 August 2018. 2. A review of the applicant’s service records show the following on: * 26 May 2010 – the applicant enlisted in the RA * 1 January 2015 – Orders Number 006-23, issued by Headquarters, 7th Special Forces Group, promoted the applicant to the rank/grade of staff sergeant (SSG)/E-6 effective 1 January 2015 * 25 July 2018 – Orders Number 206-32, issued by HRC promoted the applicant to the rank of SFC effective 1 August 2018 with an acceptance of a 3 year service remaining requirement * 29 August 2018 – the applicant reenlisted in the RA for a period of 6 years in the rank of SFC, DD Form 4, item 19 (Enlistment/Reenlistment Officer Certification), item 19a shows the reenlisting officers name and date, and the applicant endorsed this form with his signature * 2 November 2018 – by memorandum, the applicant was informed his request for validation of reenlistment was disapproved because the Oath of Reenlistment was never administered, and his contractual expiration term of service of 31 January 2020 was now in effect 3. The applicant provides: * DA Form 4789 showing the applicant reenlisted in the rank of SFC for a bonus * DA Form 3340 showing the applicant was fully qualified and approved for reenlistment * DA Form 2823 wherein the applicant provides a sworn statement attesting to the fact he signed his reenlistment paperwork in good faith before deploying to Afghanistan believing the career counselor would close out the requirement for the administration of the oath of reenlistment but the career counselor failed to * DA Form 4187 showing the applicant requested a validation/renegotiation of his reenlistment contract, dated 29 August 2018, and his immediate commander recommended approval * Orders Number 309-103, issued by HRC showing Orders Number 206-32 which promoted the applicant to SFC was revoked * Email correspondence wherein the applicant, career counselor, and the senior career counselor were attempting to correct and renegotiate his reenlistment due to the oath of reenlistment not being administered with emphasis on 30 September 2018 being the initial contact date from the career counselor * Excerpt from AR 601-280 providing the requirements for the career counselor in regards to reenlistment and its proper execution 4. AR 600-8-19 (Enlisted Promotions and Reductions) states in: a. Paragraph 1-10 states Soldiers (specialist (SPC)/E-4) through master sergeant (MSG)/E-8 are nonpromotable to a higher rank when a RA Soldier fails to reenlist their current enlistment to meet the service remaining requirement within 30 days of the announced promotion effective date. b. Paragraph 1-16 states de facto status may be granted by the promotion authority or higher commander. In determining whether a Soldier is entitled to a de facto status, a factual evaluation must be made to determine whether the Soldier occupied the higher grade in good faith, the Soldier actually discharged the functions of the higher grade. c. Paragraph 3-32 states RA Soldiers must meet the service remaining requirement before a promotion order is issued. SFC incur a 36 month service obligation upon promotion to SFC. Soldiers not having sufficient time remaining in service must reenlist. d. Paragraph 4-7 states Soldiers who are not fully qualified for promotion pin-on will remain on the selection list with their sequence number, but will not be selected for promotion pin-on until after they are fully qualified and a promotion requirement exists for their respective military occupational specialty and rank. e. Paragraph 5-20 states A Soldier removed from a promotion selection list and later considered exonerated will be reinstated on the promotion selection list. To be considered exonerated, the action that caused the initial removal must have been erroneous or should not have been imposed. 5. AR 601-280 states: a. Paragraph 11-8 states the date of RA reenlistment is the date on which the oath of reenlistment is administered. The date must be shown on the DD Form 4 above the signature of the officer who administers the oath. No RA reenlistment will be antedated or postdated without prior approval of the Commander, HRC. b. Appendix D states prior planning for a reenlistment ceremony is important to ensure the ceremony is conducted professionally and in a manner meaningful to the Soldier: * determine the date of reenlistment * coordinate all aspects of the ceremony with the chain of command * a commissioned officer or a commissioned warrant office of the Armed Forces of the United States will administer the oath * the ceremony is an official act and should be conducted accordingly BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined there is sufficient evidence to grant relief. The Board found that the applicant experienced an injustice when he deployed to Afghanistan and his battalion career counselor did not arrange the Oath of Reenlistment ceremony and have the applicant sign his Oath of Reenlistment to make his reenlistment official. The applicant met all the requirements to reenlist and was promoted to SFC/E-7 on 25 July 2018, but HRC revoked the promotion on 5 November 2018 due to the Oath of Reenlistment not being administered. Due to these facts, the Board agreed that the applicant’s DD Form 4 dated 29 August 2018 should be corrected and he should be promoted to E-7 as of his original promotion orders, 25 July 2018, with all pay and allowances.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 his DD Form 4 to show the Oath of Reenlistment was administered in a timely manner, 2. rescinding promotion revocation orders, number 309-103, dated 5 November 2018, 3. reinstating his rank to SFC/E-7 effective 25 July 2018, and 4. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. AR 600-8-19 (Enlisted Promotions and Reductions) states in: a. Paragraph 1-10 states Soldiers (specialist (SPC)/E-4) through master sergeant (MSG)/E-8 are nonpromotable to a higher rank when a RA Soldier fails to reenlist their current enlistment to meet the service remaining requirement within 30 days of the announced promotion effective date. b. Paragraph 1-16 states de facto status may be granted by the promotion authority or higher commander. In determining whether a Soldier is entitled to a de facto status, a factual evaluation must be made to determine whether the Soldier occupied the higher grade in good faith, the Soldier actually discharged the functions of the higher grade. c. Paragraph 3-32 states RA Soldiers must meet the service remaining requirement before a promotion order is issued. SFC incur a 36 month service obligation upon promotion to SFC. Soldiers not having sufficient time remaining in service must reenlist. d. Paragraph 4-7 states Soldiers who are not fully qualified for promotion pin-on will remain on the selection list with their sequence number, but will not be selected for promotion pin-on until after they are fully qualified and a promotion requirement exists for their respective military occupational specialty and rank. e. Paragraph 5-20 states A Soldier removed from a promotion selection list and later considered exonerated will be reinstated on the promotion selection list. To be considered exonerated, the action that caused the initial removal must have been erroneous or should not have been imposed. 5. AR 601-280 (Army Retention Program) states: a. Paragraph 11-8 states the date of RA reenlistment is the date on which the oath of reenlistment is administered. The date must be shown on the DD Form 4 above the signature of the officer who administers the oath. No RA reenlistment will be antedated or postdated without prior approval of the Commander, HRC. b. Appendix D states prior planning for a reenlistment ceremony is important to ensure the ceremony is conducted professionally and in a manner meaningful to the Soldier: * determine the date of reenlistment * coordinate all aspects of the ceremony with the chain of command * a commissioned officer or a commissioned warrant office of the Armed Forces of the United States will administer the oath * the ceremony is an official act and should be conducted accordingly //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002973 5 1