RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         26 OCTOBER 2004
      DOCKET NUMBER:  AR2004100502


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Ms. Eloise Prendergast            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her records be corrected by adjusting her
date of rank for promotion to staff sergeant, from 1 September 2003 to 1
July 2003.

2.  The applicant states, in effect, that she should have been promoted to
staff sergeant on 1 July 2003, however her name was not incorporated on to
the promotion list on the correct date.

3.  The applicant provides a copy of her promotion board results, and
documentation used to determine her number of promotion points.

CONSIDERATION OF EVIDENCE:

1.  The applicant was considered for promotion to staff sergeant on 11 May
2003.

2.  She was recommended for promotion with promotion point scores (519
points) sufficient to attain recommended list status.  The promotion board
results were approved on 12 May 2003.

3.  The applicant was promoted to staff sergeant with an effective date and
date of rank of 1 September 2003.

4.  In the processing of this case, an advisory opinion was obtained from
the U.S. Army Human Resources Command, which recommended that the
applicant’s request be denied.  Their recommendation was based on Army
Regulation 600-8-19, which states that an individual must be recommended by
the commander no later than the 10th day of the month proceeding the
requested board month.  They conclude that the applicant’s unit commander
did not recommend her for promotion until 12 May 2003, and based on that
date, she should not have been considered by a promotion board until July
2003, and if recommended, integrated on the promotion list in July 2003,
with eligibility for promotion on 1 September 2003.  A copy of the advisory
opinion was provided to the applicant on
5 February 2004, and no response was received.

5.  Telephonic communication with the U.S. Army Human Resources Command,
Enlisted Promotions Branch, revealed that the promotion point cut-off
scores for the applicant’s military occupational specialty of 74D3, was 520
promotion points for 1 July 2003 promotions, and 511 promotion points for 1
August 2003 promotions.

6.  Army Regulation 600-8-19 (Enlisted Promotions), states that
recommendations for promotion to sergeant and staff sergeant will be
initiated by the soldier’s commander, by forwarding the soldier’s DA Form
3355 (Promotion Point Worksheet) to the promotion work center by the 10th
day of the month preceding the board month.  The promotion work center
completes Section B and returns it to the battalion no later than 3 duty
days prior to the board month.

7.  Army Regulation 600-8-19, further states, that completed board actions
will reach the promotion work center by the 20th day of the board month,
and that the promotion point data will be submitted into the appropriate
data base as soon as possible, but not later than the 27th day of the
promotion board month.  The date the promotion authority approves the
memorandum of board proceeding is the date the soldier is eligible for list
integration.  Promotion points are effective on the first day of the second
month following approval by the promotion authority and input into the data
base.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was considered and recommended for promotion to staff
sergeant by a promotion board on 11 May 2003.

2.  As a result of her selection she should have been integrated on the
promotion recommended list in May 2003, with a total of 519 promotion
points.  The first time she could have been promoted, had she met the
promotion point cut-off score, would have been 1 July 2003, however, she
did not meet the promotion point cut-off score until August 2003, when the
promotion points for her MOS dropped to 511.

3.  It is unclear as to why the applicant requested her promotion date to
be effective on 1 July 2003, when she did not meet the promotion point cut-
off score for that month.

4.  Notwithstanding the advisory opinion provided by the U.S. Army Human
Resources Command, the late recommendation by the applicant’s commander and
her subsequent consideration by the promotion board on 11 May 2003, was of
no fault of the applicant, and she should not be penalized for actions that
were beyond her control.

5.  In the interest of justice the applicant’s records should be corrected
to show she was promoted to staff sergeant with an effective date and date
of rank of
1 August 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS___  __CG___  ___EP __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by changing her date or rank and effective date from
1 September 2003 to 1 August 2003, with entitlement to all pay and
allowances.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing her date or rank and effective date from 1 September 2003 to 1
July 2003.




                                  ______John Slone________
                                            CHAIRPERSON




                                    NDEX

|CASE ID                 |AR2004100502                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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