IN THE CASE OF: BOARD DATE: 23 February 2023 DOCKET NUMBER: AR20220003955 APPLICANT REQUESTS: in effect, promotion to the rank/grade of sergeant (SGT)/E-5 with a Date of Rank (DOR) of 2010. Provided a copy of the promotion orders. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * page two of DA Form 3355 (Promotion Points Worksheet) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 is unable to locate his promotion orders for promotion to the rank of SGT/E-5 with a DOR in 2010. He contends the orders were lost and never uploaded to his Interactive Personnel Electronics Records Management System (iPERMS) the authorized personnel records repository for the Army Military Human Resource Record (AMHRR) due to the lack of reliable personnel with poor work ethic. 3. A review of the applicant's service record shows: a. On 18 July 2005, the applicant enlisted in the U. S. Army Reserve (USAR) in the rank of private (PV1)/E-1. b. On 19 June 2006, the applicant was ordered to active duty for training. He was released from active duty on 28 November 2006 with an uncharacterized character of service. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant completed 5-months and 10-days of active service. It also shows in items: * 11 (Primary Specialty): 92A (Automated Logistical Specialist) * 14 (Military Education): Automated Logistical Specialist Course c. On 21 August 2007, the applicant was advance to the rank of specialist (SPC)/E-4, effective on with a DOR of 21 August 2007. d. On 22 January 2009, the applicant completed the Warrior Leader Course. e. On 12 February 2009, Orders Number 09-043-00022, issued by the 412th Engineer Command, the applicant was ordered to active duty in support of Operation Iraqi Freedom, effective 31 May 2009. f. On 18 June 2010, the applicant was honorably released from active duty. DD Form 214 shows the applicant completed 1-year and 18-months of active service. It also shows in items: * 4a (Grade, Rate, or Rank): SPC * 4b (Pay Grade): E-4 * 12i (Effective Date of Pay Grade): 21 August 2007 g. On 29 August 2013, Orders Number 13-241-00004, issued by Headquarters (HQs), 99th Regional Support Command, the applicant was honorably discharged from the USAR effective 29 August 2013. The orders show the applicant's rank of SPC at the time of discharge. h. On 28 June 2019, the applicant enlisted in the USAR in the rank of SPC/E-4. i. On 15 September 2022: (1) Orders Number 22-258-00027, issued by HQs, 99th Readiness Division (RD) (USAR), the applicant was promoted to the rank of SGT/E-5 effective on with a DOR of 1 May 2022. (2) Orders Number 22-258-00028, issued by HQs, 99th RD (USAR), the applicant's effective date and DOR for promotion to the rank of SGT/E-5 was amended to reflect 1 July 2022. 4. The applicant provides the second page of DA Form 3355 signed by the promotion authority on 23 May 2010 which shows the applicant was recommended for promotion with a total of 388 promotion points. 5. On 19 December 2022, in the processing of this case, the U.S. Army Reserve Command (USARC) provided an advisory opinion regarding the applicant's request for promotion to the rank of SGT/E-5 with a DOR of 2010. The advisory official stated in pertinent part, the applicant was neither considered nor recommended for promotion prior to his discharge from the USAR on 29 August 2013 when he was discharged in the rank of SPC/E-4. 6. On 5 January 2023, the Army Review Boards Agency, Case Management Division, provided the applicant a copy of the advisory opinion for review and comment. He did not respond. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Based upon the findings outlined in the USARC advisory opinion and the lack of any rebuttal of those findings submitted by the applicant, the Board concluded there was insufficient evidence of an error or injustice warrant a change to the applicant’s rank or DOR. 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 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, prescribes the enlisted promotions and reductions function of the military personnel system. a. Paragraph 3–1 (Promotion System), a. This chapter governs the SGT and SSG promotion system for Active Army and USAR AGR Soldiers. b. Field-grade CDRs in units authorized a CDR in the grade of LTC or higher have promotion authority to the grades of SGT and SSG; however, the promotion work center maintains the recommended list and issues the orders. An RRC, Army Command (ACOM), Army Service Component Command (ASCC), or Direct Reporting Unit (DRU) will issue promotion orders for USAR Soldiers. c. Promotion to SGT and SSG are executed in a semi-centralized manner. Field operations will handle board appearance, promotion point calculation, promotion list maintenance, and the final execution of the promotions occur in the field in a decentralized manner. Headquarters Department of the Army (HQDA) operations will handle promotion cutoff scores and the monthly SGT/SSG promotion selection by-name list, which are determined and announced monthly. d. HQDA and HRC–St. Louis will determine the needs of the Army by grade and MOS. e. A Soldier's total points are forwarded through the appropriate database, as determined by HRC–Alexandria and HRC–St. Louis, to the automated system. These points are consolidated into an Army wide listing of eligible Soldiers by MOS maintained in the automated system. A determination is then made for each MOS as to what promotion point cutoff score would promote the desired number of Soldiers to meet the needs of the Army in a specific month. b. Paragraph 3-2a (3) (a) The promotion work center (PROM) will print the monthly SGT/SSG promotion selection by-name list, identify Soldiers to be promoted, verify eligibility, and issue orders or non-promotion notification memorandum. The center will also update the automated system with promotion/non-promotion reason codes as appropriate. HRC–St. Louis will post the list on or about the 15th of every month for USAR Soldiers. (b) The PROM will produce the recommended list monthly and forward it to the unit for posting. Promotable Soldiers will review and initial the recommended list each month. Battalion Human Resources will retain the initialed recommended list in files for 2-years. HRC–St. Louis will retain for USAR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003955 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1