PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002072858


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. John T. Meixell		Member
Mr. Roger W. Able		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that his date of rank (DOR) and effective date for
sergeant (SGT/E-5) be adjusted from 15 September 2001 to 15 July 2001.

3. The applicant states that on 15 July 2001, the battalion Personnel Staff NCO (PSNCO) received documentation for his promotion; however, it was not processed until 15 September 2001. His PSNCO stated, after several conversations, that he did not qualify for promotion prior to his graduation from drill sergeant school in accordance with Army Regulation 140-158. He also stated that it was the division's policy to promote drill sergeant candidates when eligible due to positions being military occupational specialty (MOS) immaterial. In support of his application, he submits copies of his: promotion recommended list; a memorandum from the Personnel Administration Center (PAC) Supervisor; promotion orders; promotion vacancy request; unit manning report; and a memorandum from the commander.

4. The applicant’s military records show that he is currently serving in the Army Reserve with Company A, 3^rd Battalion, 317^th Infantry Regiment, 2^nd Brigade, 80^th Division (Institutional Training).

5. The applicant provided a copy of a 1 June 2001, permanent promotion recommended list which shows that he was listed in the primary zone for promotion to SGT/E-5, in MOS 11B.

6. The applicant provided a copy of memorandum, which was prepared by the
PAC Supervisor, dated 15 July 2001, Subject: "Exception to Policy to Promote E-4's against E-6 Drill Sergeant." The memorandum requested that the applicant be promoted to fill an attached E-6 drill sergeant vacancy. It also requested that the applicant be promoted against position number 0150 and paragraph and line number 005-006, in duty military occupational specialty (DMOS) 71L3X.

7. The commander completed a Junior NCO Promotion Vacancy Sheet on 15 July 2001, pertaining to the applicant. The commander indicated that this was an MOS immaterial position and that the applicant should be promoted against
position number 0150, paragraph and line number 005-006; in the rank of SSG; and in DMOS 71L3X.

8. On 12 September 2001, orders were published promoting the applicant to SGT/E5 with a DOR and effective date of 15 September 2001, in MOS 11B2X.







9. The applicant provided a copy of the battalion unit manning report, dated 13 September 2001, which shows that he was assigned to serve as a drill sergeant, in the pay grade of E-4, in position number 0150, paragraph and line number 005-006, and in DMOS 71L3X, with an authorized grade of E-6. His effective date of assignment was 29 May 2001.

10. On 21 November 2001, the battalion commander submitted a request through channels requesting that the applicant's DOR be adjusted from 15 September to 15 July 2001. He stated that a request was completed and forwarded on 15 July 2001, at which time the applicant was fully eligible for promotion. On 15 July 2001, there was no guidance from headquarters as to when the applicant was eligible for promotion; however, Army Regulation 140-158, paragraph 3-24 stated that the applicant must be 3-digit MOS qualified, which he was. Headquarters guidance was that soldiers would be promoted in accordance with the regulation. The applicant was in compliance with the guidelines of the regulation on 15 July 2001, and due to no fault of his own, was promoted on 15 September 2001, instead of 15 July 2001, and his DOR should be adjusted.

11. Army Regulation 140-158 prescribes policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted soldiers
of the US Army Reserve (USAR). Section III of Chapter 3 pertains to promotion to SGT and SSG. Paragraph 3-24 states that to be promoted, or conditionally promoted, to SGT or SSG the soldier must be: (1) In a promotable status; (2) Listed on a valid permanent promotion recommended list; and (3) In the proper sequence order when promoted off the list. Based on cumulative vacancy computations, the unit will report a current or projected vacancy requirement to the authority responsible for the permanent recommended list. The authority will identify the soldier on the list that will be promoted into the vacancy and notify the promotion authority. The promotion authority will then publish the promotion orders. The effective date of the promotion will be the date of the assignment to the vacancy. The required MOS is the authorized MOS (3-digit) of the modified table of organization and equipment (MTOE)/table of distribution and allowances (TDA) position vacancy to which the soldier is to be promoted.

CONCLUSIONS:

1. The evidence of record shows that the applicant was in a promotable status and was listed on a valid permanent promotion recommend list in the primary zone for promotion to SGT/E-5, in MOS 11B. The evidence also shows that a request was submitted requesting that he be promoted to fill an E-6 drill sergeant vacancy and that he be promoted against position number 0150 in paragraph and line number 005-006, in DMOS 71L3X.

2. An NCO Promotion Vacancy Sheet was completed by the commander which indicated that this was an MOS immaterial position and that the applicant should be promoted against the cited vacancy in the rank of SSG. The applicant was promoted with a DOR and effective date of 15 September 2001, in MOS 11B2X.
The unit manning report shows that he was assigned to serve as a drill sergeant, in pay grade E-4, in the cited vacancy, with an authorized grade of E-6, effective 29 May 2001.

3. The battalion commander requested that the applicant's DOR be adjusted from 15 September to 15 July 2001. He also stated that a request was submitted and forwarded to headquarters on 15 July 2001, at which time the applicant was fully qualified for promotion. On that same day, there was no guidance from headquarters as to when the applicant was eligible; however, the applicant must be 3-digit MOS qualified, which he was, and that soldiers would be promoted in accordance with regulation.

4. The Board notes that the applicant was in compliance with the guidelines of the regulation on 15 July 2001, and was promoted on 15 September 2001, instead of 15 July 2001, due to no fault of his own. Therefore, Headquarters, 80^th Division (Institutional Training) Orders Number 01-255-001, dated 12 September 2001, should be amended to show that the applicant was promoted to the pay grade of SGT/E-5 with a DOR and effective date of 15 July 2001, with entitlement to all back pay and allowances from 15 July to 14 September 2001.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected:

         a. by amending Headquarters, 80^th Division (Institutional Training) Orders 01-255-001, dated 12 September 2001, to show that he was promoted to the pay grade of SGT/E-5 with a DOR and effective date of 15 July 2001; and









         b. by showing that he is entitled to all back pay and allowances from 15 July to 14 September 2001.

BOARD VOTE:

__rw___ ___jm___ __ra____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072858
SUFFIX
RECON
DATE BOARDED	20021010
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 21
2.
3.
4.
5.
6.