IN THE CASE OF: BOARD DATE: 12 July 2023 DOCKET NUMBER: AR20230000959 APPLICANT REQUESTS: promotion to the rank/grade of specialist (SPC)/E-4. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 in pertinent part that he should have been promoted to SPC prior to being released from military service. He contests that when he reenlisted, he was advised by his recruiter that he would be automatically advanced in grade due to his prior active-duty service. 3. A review of the applicant's available service records reflects the following: a. On 15 August 1991, the applicant enlisted in the U.S. Army Reserve for 8 years. b. On 8 May 2000, the applicant enlisted in the Regular Army for 4 years. c. On or about 17 December 2000, the applicant was advanced to the rank/grade of private first class (PFC)/E-3. d. On 28 September 2001, a physical evaluation board convened finding the applicant physically unfit for continued military service resulting in a recommendation that he be separated with severance pay. The applicant concurred with the board's recommendation. e. On 5 November 2001, Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum issued Orders Number 309-1003 reassigning the applicant to the U.S. Army transition point pending discharge. f. On 25 December 2001, the applicant was medically discharged at the rank of PFC under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement or Separation), paragraph 4-24b.(3) (Separation for Physical Disability with Severance Pay). 4. On 17 April 2023, the U.S. Army Human Resources Command, Chief, Enlisted Promotions, Promotions Branch, provided an advisory opinion recommending denial of the applicant's request noting that a review of the applicant's records revealed that his dates of service were 8 May 2020 – 25 December 2021 [sic], for a total of 1 year, 7 months, and 18 days of net active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates additional prior active service of 4 months and 21 days. The total of these two combined periods of service equals a total of 24 months and 9 days. Although he met the 6-months' time in grade requirement with a date of rank to PFC of 17 December 2000, he did not meet the required 26-months' time in service for promotion to SPC. 5. On 26 April 2023, the applicant was provided with a copy of the advisory opinion and afforded 14 days to provide comments. As of 3 July 2023, the applicant has not responded. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the U.S. Army Human Resources Command, Chief, Enlisted Promotions, Promotions Branch advisory opinion, the Board concurred with the advising official finding the applicant's records revealed that his dates of service were 8 May 2020 – 25 December 2021 [sic], for a total of 1 year, 7 months, and 18 days of net active service. The applicant’s DD Form 214 indicates additional prior active service of 4 months and 21 days. Based on the opine, the Board noted the total of these two combined periods of service equals a total of 24 months and 9 days. Although he met the 6-months' time in grade requirement with a date of rank to PFC of 17 December 2000, he did not meet the required 26-months' time in service for promotion to SPC. The Board agreed there is insufficient evidence that warranted relief based on the advising official opine. 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) Section II (Process Enlisted Promotions to PV2, PFC and SPC) in effect at that time, provides the following requirements for promotion to specialist (SPC): 26-months' time in service and 6- months' time in grade; Soldier must not be flagged or barred from reenlistment. Paragraph 1-10 (Non-promotable Status) provides that Soldiers in the rank of PFC- MSG are non-promotable to a higher grade when the Soldier is undergoing medical evaluation proceeding to determine ability to perform in recommended Military Occupational Specialty. Once a Physical Evaluation Board determines that a Soldier is no longer qualified for continued active service, he/she will be removed from the promotion list. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000959 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1