RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 November 2003
         DOCKET NUMBER: AR2003089369


         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Mark D. Manning		Member
Ms. Barbara J. Ellis		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his date of rank and effective date of promotion to Sergeant, E-5 be adjusted to 1 September 2001.

2. The applicant states, in effect, that he appeared before the E-5 promotion board in July 2001. Through no fault of his own, he was not added to the promotion list until August 2001. That caused him to miss being promoted in September 2001. He did not meet the promotion cutoff scores again until October 2002.

3. The applicant provides the enlisted promotion cutoff scores for September 2001; his promotion packet; the July 2001 promotion board appointment letter; the August 2001 promotion board proceedings; a memorandum dated 12 February 2002 from the president of the July 2001 promotion board; a request for exception to policy; and three emails dated 20 September 2002, 21 September 2002, and 8 October 2002.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Regular Army on 6 August 1998.

2. By 1st U. S. Army Support Battalion (Sinai) Multinational Force and Observers memorandum dated 1 July 2001, the applicant was directed to be at the battalion conference room on 8 July 2001 to appear before the Sergeant promotion board. Command Sergeant Major (CSM) B___ was the president of that promotion board.

3. On 8 July 2001, the applicant was recommended for promotion to Sergeant by the E-5 promotion board in military occupational specialty (MOS) 67N. On 20 July 2001, the "responsible official" signed the DA Form 3355 (Promotion Point Worksheet). The board recorder signed the DA Form 3355 on an unknown date. The promotion authority, Lieutenant Colonel (LTC) D___, signed the DA Form 3355 on an unknown date.

4. By 1st U. S. Army Support Battalion (Sinai) Multinational Force and Observers memorandum dated 9 August 2001, subject: August Promotion Board Proceedings for Promotion to SGT and SSG, LTC D___ noted that a promotion board convened on 7 August 2001, that the applicant attained a sufficient promotion score (of 385) to attain recommended list status, and that he approved the Report of Promotion Board Proceedings on 7 August 2001.

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5. The U. S. Army Personnel Command Enlisted Promotion Cutoff Scores for September 2001 shows the promotion qualification score for promotion to Sergeant, primary zone (basic active service date of 1 September 1998 or earlier), in MOS 67N was 363.

6. By memorandum dated 12 February 2002, CSM B___ certified that the applicant had appeared before the July 2001 promotion board and attained a total score of 385 points, which allowed him to be integrated on the promotion standing list. Due to no fault of the applicant, board proceedings for the month of July 2001 were not done. The promotion section in the Sinai added him to the August board proceedings. LTC D___ countersigned this memorandum.

7. The applicant was promoted to Sergeant, E-5 with a date of rank and effective date of 1 October 2002 in MOS 67N.

8. In the processing of this case, an advisory opinion was obtained from the Promotions Branch, U. S. Total Army Personnel Command. That office recommended the applicant's request to adjust his date of rank and effective date from 1 October 2002 to 1 September 2001 be denied. That office noted that soldiers are eligible for promotion recommended list integration effective the date the promotion authority approves the memorandum of board proceedings. Since in the applicant's case the promotion authority signed an approval endorsement to the memorandum of board proceedings in August 2001, recommended list integration was approved for August 2001. Based on the August 2001 promotion recommended list integration, he was eligible to be promoted to Sergeant as a 67N effective 1 October 2001. He met the announced cutoff score on 1 October 2002 and was subsequently promoted.

9. A copy of the advisory opinion was provided to the applicant for rebuttal. He provided a statement from his platoon sergeant in rebuttal. His platoon sergeant argued that if the regulation had been followed regarding processing the July 2001 promotion board proceedings, the board results would have been forwarded to the promotions work center no more than 3 duty days after the promotion board adjourned and in time for promotion point data to be input into the database no later than the 27th of the month. He would then have been eligible for promotion 1 September 2001.

10. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), chapter 3, provides guidance and prescribes policy for semi-centralized promotions (Sergeant and Staff Sergeant). Paragraph 3-18a states that the memorandum of board proceedings will be prepared within 1 duty day of the board's adjournment. Paragraph 3-18c states that the promotion authority will approve or disapprove

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the report in its entirety and forward the completed results to the promotions work center as soon as possible but no more than 3 duty days after the promotion board adjourns. If the promotion authority cannot accomplish these actions within 3 duty days after the promotion board adjourns, a memorandum of explanation, signed by the promotion authority, will be attached to the DA Form 3355 citing the specific reason for the delay. If approved, the promotion authority will authenticate Section D of the DA Form 3355 and forward it to the battalion S-1 (personnel office).

11. Army Regulation 600-8-19, paragraph 3-18g states that completed board actions will reach the personnel service battalion by the 20th day of the board month. Promotion point data will be submitted into the appropriate database as soon as possible but not later than the 27th of the promotion board month.

12. Army Regulation 600-8-19, paragraph 3-18h states that the date the promotion authority approves the memorandum of board proceedings is the date the soldier is eligible for list integration. Paragraph 3-18o states that promotion points are effective on the first day of the second month following approval by the promotion authority and input into the database.

DISCUSSION AND CONCLUSIONS:

1. While his unit was serving in the Sinai, the applicant appeared before a promotion board on 8 July 2001. He was recommended for promotion to Sergeant in MOS 67N with 385 promotion points.

2. By regulation, the promotion authority was required to sign an approval endorsement to the memorandum of board proceedings in sufficient time to reach the personnel service battalion by the 20th day of the board month so promotion point data could be submitted into the appropriate database not later than the 27th day of the promotion board month (i.e., July 2001).

3. Had the promotion authority taken the required actions in a timely manner as required by regulation, the applicant would have been eligible for promotion list integration in July 2001. He would have been first eligible for promotion on the first day of the second month following approval by the promotion authority and input into the database (i.e., September 2001). He would have been eligible for promotion to Sergeant, E-5 effective 1 September 2001 because he met the September 2001 promotion cutoff score (363) for a primary zone E-5 promotion in MOS 67N.

4. Based upon the failure of the promotion authority to take the required actions in a timely manner, the applicant was not eligible for promotion list integration until August 2001. He therefore was not eligible for promotion in September 2001 when he met the promotion cutoff score. He did not again meet the promotion cutoff score for promotion to E-5 until 1 October 2002.

BOARD VOTE:

__jns___ __mdm___ __bje___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. showing the results of his July 2001 recommendation for promotion to E-5 were approved in July 2001;

b. showing that he was integrated into the promotion list in July 2001;

c. showing that he was eligible for promotion to E-5 with a date of rank and effective date of 1 September 2001 and amending his promotion orders accordingly; and

d. by paying him any and all due back pay and allowances as a result of the above correction.




                  __John N. Slone_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089369
SUFFIX
RECON
DATE BOARDED	20031118
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	131.04
2.
3.
4.
5.
6.