ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 December 2021 DOCKET NUMBER: AR20210005260 APPLICANT REQUESTS: • promotion from staff sergeant (SSG)/E-6 to sergeant first class (SFC)/E-7 • to be awarded a retirement, deployment (including Combat Action Badge), and permanent change of station awards APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record) . Personal statement FACTS: 1. The applicant states he is a victim of Toxic Leadership. That Leadership prevented him from progressing, when he should have under normal circumstances. Unit(s) did everything in their power to destroy him and prevent him from moving up, by not only trying to charge him for thousands of dollars’ worth of missing equipment that was caused by their own misappropriation of such, and destruction of government property records. He was never charged, but was wrongfully removed from his position, and promotable status due to personal differences. Names of Leadership can be provided, if needed. Most are retired. He also adds in a personal statement (enclosed) more details about his military career, from enlistment to transfer to the Retired Reserve, including his units, deployment, personal challenges, and how at every unit of assignment, he other people had it for him. 2. Regarding the Combat Action Badge (CAB), the applicant's request is premature. a. Prior to applying to this Board, the applicant must exhaust his administrative remedy through the U.S. Army Human Resources Command. Retroactive award of the CAB is authorized for fully qualified individuals. The wartime command retains wartime awards approval authority for 12 months after redeployment, and can approve award of the CAB for Soldiers who deployed with their command, and qualified for, but did not receive the CAB during the deployment. Soldiers redeployed more than 12 months or reassigned to a command other than their wartime command and qualified for the CAB while deployed may request award through command channels to Commander, U.S. Army Human Resources Command (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408. b. Applications for retroactive award to active duty Soldiers and RC Soldiers will be forwarded through command channels to the first general officer (for endorsement) to HRC for processing. The first general officer in the chain of command of the Soldier recommended for award of the CAB may disapprove the recommendation. Retirees and veterans should address their applications to HRC for processing. The DA Form 4187 with endorsement by the first general officer is not required. All other criteria must be met. Requests for retroactive award of the CAB will not be made except where evidence of injustice is presented. Requests submitted must include justification explaining why the CAB was not awarded in theater. c. The applicant may apply for retroactive award of the CAB to the Commander, HRC. The CAB may be requested by letter and must contain the following: . Assignment, attachment, or operational control orders . A copy of the Soldier's Officer or Enlisted Record Brief . A copy of the chain of command endorsement . A one-page narrative description of the qualifying incident . A certified copy of the DD Form 214 . Any other supporting documentation 3. Review of the applicant's service records shows: a. Having had prior service, he enlisted in the Regular Army on 21 April 2000. He was trained in and held military occupational specialty (MOS) 92Y (Unit Supply Specialist). b. He served through multiple reenlistments in a variety of stateside or overseas assignments, including tours in Germany, and service in Iraq from 2 September 2008 to 28 August 2009. He was promoted to sergeant (SGT)/E-5 on 1 October 2007. c. He was honorably discharged from active duty on 18 December 2014 due to non-retention on active duty. His DD Form 214 (certificate of Release or Discharge from Active Duty) shows he completed 14 years, 7 months and 28 days of active service. It also show sin: . Blocks 4a (Grade, Rate, or Rank) and 4b (Pau Grade) SGT and E-5 . Block 12i (Effective Date of pay Grade) 2007-10-01 . Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): . Army Achievement Medal (3rd Award) . Army Good Conduct Medal (4th Award) . National Defense Service Medal . Kosovo Campaign Medal . Iraq Campaign Medal with campaign star . NCO Professional Development Ribbon (2nd Award) . Army Service Ribbon . Overseas Service Ribbon (4th Award) . NATO Medal . Driver and Mechanic Badge-Mechanic d. He was later issued two DD Form 215 (Correction to DD Form 214), the first on 9 February 2015, that corrected his Separation Code and his separation pay from 27,543.72 to $55,087.44, and the second on 1 March 2017 that corrected his Driver and Mechanic Badge from "Mechanic" to "Wheel." e. In connection with his discharge from active duty in 2014, he enlisted in the U.S. Army Reserve (USAR) on 26 September 2014 for 6 years, in the rank and grade of SGT/E-5. f. He was assigned to D Company, 457th Civil Affairs Battalion, a troop program unit (TPU) of the USAR. His NCO Evaluation Reports for the rating period December 2014 through December 2015 and December 2015 through March 2016 show he failed to meet the Army Physical Fitness Test (APFT) and/or failed to meet body fat standards or make acceptable and consistent weight loss efforts during this period. g. He was reassigned to another TPU, C Company, 1st Battalion, 320th Regiment. His NCO Evaluation Reports for the rating periods March 2017 through March 2018, March 2019 through March 2019, and September 2019 through September 2020, show he did not meet the standards in the area of "PRESENCE" (Military and professional bearing, Fitness, Confidence, Resilience) in that he "did not pass Army APFT" and/or "displayed a lack of concern for appearance in uniform." h. On 21 May 2020, the U.S. Army Human Resources Command issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). i. There is no evidence in his records and he provides none to show he was promoted to SSG/E-6 while in the Regular Army or in the U.S. Army Reserve. Without promotion to SSG/E-6, he would to have been eligible for promotion consideration to SFC/E-7. j. Aside from the Army Achievement Medal (3rd Award) listed on his 2014 DD Form 214, there is no evidence in his records and he provides none to show he was recommended for or awarded any other personal decorations. 4. By regulation (AR 600-8-22), personal decorations require a formal recommendation, approval through the chain of command, and announcement in orders. The award recommending official must have first-hand personal knowledge of the event, or have been senior in grade at the time of the action(s) or service, to the individual being recommended for an award. Additionally, the recommending official must have knowledge of all the action(s) or service cited. That is, the recommending official must have either observed the actions or been provided information by an individual who observed the actions. 5. By regulation (AR 600-8-19), The Commander of a GOCOM (General Officer Command), ARE (Army Reserve Element) or multi-component unit authorized a general officer is the promotion authority for Soldiers assigned to units of his or her command. The selection and promotion process for senior enlisted ranks (SFC/MSG/SGM) is centralized at promotion authority headquarters. To standardize promotions throughout Army Reserve units, and to ensure promotion of the best qualified Soldiers, recommendation by promotion selection board and placement on a PPRL (Permanent Promotion Recommended List) are required. The promotion selection board will select the best qualified Soldiers for placement on the PPPRL BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s record is void evidence that shows he was selected for promotion to SFC. He requests awards for permanent station changes. Regulatory guidance provides there is no automatic entitlement to an award upon departure either from an assignment or from the service. The applicant is advised he may not recommend himself for an award; however, this in no way affects his right to pursue his claim for service and achievement awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130. Finally, the applicant received a 20­year letter, and is still serving. His request for retirement to the Board is premature as there is no evidence of him being discharged without being transferred to the Retired Reserve. The Board determined there is insufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. X CHAIRPERSON 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. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army (DA) policy, criteria, and administrative instructions concerning individual and unit military award. Paragraph 3–5 (Who may recommend) states in: a. a. The Army does not allow self-recognition (including spouses or other Family members), therefore, a Soldier may not recommend himself or herself for award of a decoration. b. The recommending official must have first-hand personal knowledge of the event, or have been senior in grade at the time of the action(s) or service, to the individual being recommended for an award. Additionally, the recommending official must have knowledge of all the action(s) or service cited. That is, the recommending official must have either observed the actions or been provided information by an individual who observed the actions. c. Recommending officials who did not personally witness the action must have been associated, by virtue of their position in the command, with the incident and/or the individual being recommended for the award. If the recommending official is not the commanding officer, the commander, if available, must endorse the recommendation. If it is no longer possible to route the recommendation through the commander (for example, the commander is deceased), a signed statement to the effect must be included. In this case, another officer who has knowledge of the action(s), and who was senior in the chain of command of the individual being recommended during the period for which recognition is desired, may endorse the recommendation. 2. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. Chapter 5 prescribes policy for the promotion of USAR Soldiers to the rank of Sergeant First Class, Master Sergeant, and Sergeant Major who are assigned to TPUs (Troop Program Units), AREs (Army Reserve Element), multi-component units, the IRR (Individual Ready Reserve), and the Standby Reserve (active status list). a. The Commander of a GOCOM (General Officer Command), ARE, or multi­component unit authorized a general officer is the promotion authority for Soldiers assigned to units of his or her command. b. The senior enlisted selection and promotion system outlined in this section prescribes the policy governing the promotion of unit Soldiers to SFC, MSG, and SGM. The selection and promotion process for senior enlisted ranks is centralized at promotion authority headquarters. To standardize promotions throughout Army Reserve units, and to ensure promotion of the best qualified Soldiers, recommendation by promotion selection board and placement on a PPRL (Permanent Promotion Recommended List) are required. The promotion selection board will select the best qualified Soldiers for placement on the PPPRL //NOTHING FOLLOWS//