RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 July 2006
      DOCKET NUMBER:  AR20060004218


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Ernestine R. Fields           |     |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, in effect, that her sergeant first class (SFC)
date of rank (DOR) be changed to either 1 May 2000 or 1 May 2001.

2.  The applicant states, in effect, that she successfully appealed a
noncommissioned officer evaluation report (NCOER) for the period January
1999 through August 1999, and that this report was removed from her
Official Military Personnel File (OMPF) in May 2005.  She claims that had
the contested NCOER not been in her file when she was considered for
promotion in 2000 and 2001, it is likely she would have been selected for
promotion at that time.

3.  The applicant provides no additional documentary evidence in support of
her application.

CONSIDERATION OF EVIDENCE:

1.  At the time of her application to the Board, the applicant was serving
on active duty at Fort Huachuca, Arizona.  Her record shows she was
promoted to
staff sergeant (SSG) on 1 June 1998, and to SFC on 1 January 2005.

2.  The applicant received a relief-for-cause NCOER covering the period
January 1999 through August 1999.  She was evaluated as the Training
Noncommissioned Officer (NCO) for a Headquarters Detachment of a Military
Intelligence Group at Camp Zama, Japan.

3.  On 8 April 2004, the applicant appealed the NCOER in question.

4.  On 1 January 2005, the applicant was promoted to SFC.

5.  On 5 May 2005, as a result of a successful appeal to the Enlisted
Special Review Board (ESRB), the NCOER in question was removed from the
applicant's OMPF.  The ESRB opined that promotion reconsideration was not
applicable because the applicant had already been promoted.

6.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions)
prescribes the Army's enlisted promotions and reductions policy.  Chapter 4
provides guidance on centralized promotions to sergeant first class (SFC),
master sergeant (MSG), and sergeant major (SGM).   Paragraph 4-14 contains
the rules for reconsideration by a Stand-By Advisory Board (STAB).  It
states, in pertinent part, that referral to a STAB may be made upon
determining that a material error existed in a Soldier's OMPF when the file
was reviewed by a promotion board.
7.  The enlisted promotions regulation further states that an error is
considered material when there is a reasonable chance that had the error
not existed, the Soldier may have been selected.  It further states, in
pertinent part, that reconsideration by a STAB will normally be granted
when an adverse evaluation report was subsequently declared invalid in
whole or in part.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her promotion was unjustly delayed due
to an invalid NCOER being on file in her OMPF when her record was
considered for promotion in 2000 and 2001, and the supporting evidence she
submitted was carefully considered and found to have merit.

2.  By regulation, promotion reconsideration by a STAB may be granted when
it is determined that the record of a Soldier contained a material error at
the time of promotion consideration.  Therefore, notwithstanding the ESRB
determination that promotion reconsideration was not applicable, it is
concluded that it would be appropriate and serve the interest of justice to
grant an exception to policy that would allow the applicant's record to be
reconsidered by a STAB under the criteria used by every SFC promotion
selection board that considered her for promotion while the invalid NCOER
was on file in her OMPF.

3.  If the STAB selects the applicant for promotion under the criteria of
an earlier promotion selection board than the one that resulted in her
current promotion to SFC, her record should be corrected accordingly.  That
is, the effective date and DOR of her SFC promotion should be adjusted to
coincide with the date she would have been promoted under the earlier
promotion selection board's criteria, and she should be provided any back
pay and allowances due as a result.  If she is not selected for promotion
under earlier criteria, she should be so notified.

BOARD VOTE:

___LE  __  __PHM__  ___ERF_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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
submitting her corrected record to a duly constituted Stand-By Advisory
Board for promotion consideration to sergeant first class under the
criteria followed by all promotion selection boards that considered her
record for promotion to SFC while the invalid NCOER was on file in her
OMPF.

2.  If she is selected for promotion by the Stand-By Advisory Board, her
record should be corrected by establishing her sergeant first class
promotion effective date and date of rank as if she had been originally
selected under the earlier criteria identified by the Stand-By Advisory
Board, and by providing her all back pay and allowances due as a result.
If she is not selected for promotion by the Stand-By Advisory Board, she
should be so notified by the appropriate Human Resources Command promotion
officials.




                                  _____Lester Echols     ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004218                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/18                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  310  |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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