ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 July 2019 DOCKET NUMBER: AR20190007555 APPLICANT REQUESTS: reconsideration of previous request for promotion from Sergeant (SGT/E5) to Staff Sergeant (SSG/E6). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Legal Counsel Letter * DA Form 2A/2-1 (Personnel Qualification Record) * Disposition Form (Recommendation for Promotion) * Memorandum - Out-processing without Promotion Standing List * DD Form 4 (Enlistment/Reenlistment Document) * Excerpt portions from Army Regulation (AR) 600-8-19 (Enlisted Promotions) * Entire available Military Personnel Record Jacket (MPRJ) from National Personnel Records Center FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) Docket Number AR20130006715 on 12 December 2013 and AR20120009970 on 13 November 2012. 2. On behalf of the applicant, Counsel requests reconsideration of previously submitted cases on the basis of failure to consider all relevant sections of Army Regulation (AR) 600-8-19 (Enlisted Separations). In particular, counsel references the processing of promotions upon arrival at a gaining organization. Counsel further contests that the applicant was recommended for promotion prior to proceeding on a permanent change of station (PCS). The losing command prepared a promotion package; however, the gaining command failed to process the packet according to the governing regulation – thereby prohibiting the promotion of the applicant upon arrival/in-processing. Counsel requests that the ABCMR recognize the errors made by the gaining command and in doing so: * promote the applicant to the rank of SSG effective 1 September 1984 * provide appropriate back pay from the effective date of promotion * conduct special selection board to determine eligibility for promotion to Sergeant First Class (SFC/E-7) 3. The applicant provides his entire military personnel records. After reviewing the provided documentation, the following documents were determined to be applicable to his request: a. A DA Form 2-1 (Personnel Qualification Record) is provided reflecting the applicant’s assignment to a SSG (skill level 30) position at Fort Lewis, WA effective 10 March 1983. The applicant was then reassigned to a SGT (skill level 20) position in Washington, DC on or about 12 September 1984. b. A DA Form 2496 (Disposition Form) dated 2 Jul 1984 is provided reflecting the applicant’s recommendation by members of his leadership to appear before a promotion board. c. A Memorandum (Subject: Out-processing without Promotion Standing list) dated 31 August 1984 is provided advising the applicant’s gaining command that the applicant departed his previous command at Fort Lewis, WA without being integrated onto the promotion list. d. A DD Form 4, dated 16 August 1984, is provided indicating that the applicant reenlisted for 6 years in the pay grade of E-5. e. Excerpts from AR 600-8-19 are provided in support of the applicant’s request for reconsideration. The provided reference is not dated, however the earliest effective date of this regulation as researched would be 1 December 1991. The applicant retired on 31 May 1991. 4. A review of the applicant’s service records shows the following: * on 1 August 1981, he was promoted to SGT * in the month of August 1984, he appeared before a promotion board, obtained a score of 227 resulting in his being recommended for promotion to SSG; he was to then be added to the promotion standing list with a total of 834 points * on 31 August 1984, a letter was generated advising the gaining command of the applicant’s promotable status * on 22 May 1986, the applicant was reassigned as a SGT with duty in Antarctica * on 8 January 1987, the applicant was reassigned as a SGT to Ft. Lewis, WA * on 25 January 1988, the applicant was reassigned as a SGT to Korea * on 7 February 1989, the applicant was reassigned as a SGT to Fort Huachuca, AZ * on 31 May 1991, he was released from active duty and placed on the retired list at the rank of SGT 5. On 13 November 2012 and 12 December 2013, the applicant petitioned the Board for retroactive promotion to SSG and promotion consideration to SFC and the Boards denied his requests. 6. AR 600-8-19 (Enlisted Promotions and Reductions) as stated in the preface consolidates, superseding chapters 6 and 7 of AR 600-200. The effective date of this guidance is 1 December 1991. The applicant was retired on 31 May 1991. 7. AR 600-200 (Enlisted Personnel Management System) paragraph 7-5 (Orders) – (covering the periods between 1981-1991 prior to adopting the guidance of AR 600-8- 19 in December of 1991) states that promotions to the grades E4-E9 will be announced in orders. Orders may be issued for promotion to grades SGT and SSG before the effective date that the Soldier will equal or exceed the announced Department of the Army promotion point cut-off score. 8. Paragraph 7-14 (Promotion against point cut-off scores) states that Soldiers recommended for promotion to SSG must appear for selection board evaluation. 9. Paragraph 7-22 (Recommended list for promotion of enlisted personnel) states that the recommended list for promotion contains a listing of all Soldiers in the grade of SPC and SGT (E4 and E5) who have been selected but not yet promoted to SGT and SSG (E5 and E6). 10. Paragraph 7-27 (Reassignment prior to promotion) states that the promotion - packet arid a copy of the recommend list that contains the Soldier's name will be sealed in an envelope and filed in the action-pending section of the MPRJ. For Soldiers who are boarded during the month of permanent change of station, a statement issued by the servicing personnel office will verify that the service member was-recommended for promotion by the promotion authority. The gaining promotion authority will put the Soldier's name on his or her current recommended list on the reporting date as stated in the reassignment orders. Newly assigned Soldiers who are on a recommended list from a previous command will be added to the current recommended list of the gaining command. If no promotion packet is available, a recommended list is not valid. The Soldier’s name will not be placed on the recommended list of the gaining command. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s statement, supporting documents, evidence in the records and policy for promotion of enlisted Soldiers. The Board considered the applicant’s and counsel’s statement, his record of service, the recommendation and the results of his appearance before a promotion Board and his PCS without evidence of him being on a promotion standing list. The Board found insufficient evidence that the applicant appeared on a promotion standing list or that he was subsequently reviewed or selection for promotion to SSG between his 1984 PCS and his retirement in 1991. Based on a preponderance of evidence, the Board determined that there was no error or injustice in his retirement as a SGT. 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 to amend the decision of the ABCMR set forth in Docket Numbers AR20130006715 on 12 December 2013 and AR20120009970 on 13 November 2012. 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) as stated in the preface consolidates, superseding chapters 6 and 7 of AR 600-200. The effective date of this guidance is 1 December 1991. 2. AR 600-200 (Enlisted Personnel Management System) paragraph 7-5 (Orders) – covering the period of 1981-1991 prior to adopting the guidance of AR 600-8-19) states that promotions to grades E4-E9 will be announced in orders. Orders may be issued for promotion to grades SGT and SSG before the effective date that the Soldier will equal or exceed the announced DA Promotion cut-off score. 3. Paragraph 7-14 (Promotion against point cut-off scores) states that Soldiers recommended for promotion to SSG must appear for selection board evaluation. 4. Paragraph 7-22 (Recommended list for promotion of enlisted personnel) states that the recommended list for promotion contains a listing of all Soldiers in the grade of Specialist and Sergeant who have been selected but not yet promoted to SGT and SSG. 5. Paragraph 7-27 (Reassignment prior to promotion) states that the promotion -packet arid a copy of the recommend list that contains the Soldier's name will be sealed in an envelope and filed in the action-pending section of the Military Personnel Record Jacket. For Soldiers who are boarded during the month of permanent change of station, a statement issued by the servicing personnel office will verify that the service member was-recommended for promotion by the promotion authority. The gaining promotion authority will put the Soldier's name on his or her current recommended list on the reporting date as stated in the reassignment orders. Newly, assigned Soldiers who are on a recommended list from a previous command will be added to the current recommended list of the gaining command. If no promotion packet is available, a recommended list is not valid. The Soldiers name will not be placed on the recommended list of the gaining command. ABCMR Record of Proceedings (cont) AR20190007555 5 1