RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 November 2007
DOCKET NUMBER: AR20070002040
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.
Ms. Catherine C. Mitrano
Director
Mr. Rial D. Coleman
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Jeanette R. McCants
Member
Mr. Scott W. Faught
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 his records be placed before an enlisted standby advisory promotion board (STAB) for promotion consideration to the rank and pay grade of master sergeant/E-8.
2. The applicant states, in effect, that although he was eligible for consideration by the 2006 Master Sergeant Promotion Board, he was not considered. The applicant further states that he was not given promotion consideration by the 2006 Master Sergeant Promotion Board because that board erroneously believed he had not attended and completed the Advanced Noncommissioned Officer Course (ANCOC).
3. The applicant adds that the records that went before the 2006 Master Sergeant Promotion Board was incomplete and that, in essence, he should be given consideration by a standby advisory promotion board. The applicant concludes, if selected, he requests his date of rank to be adjusted to reflect selection by the 2006 Master Sergeant Promotion Board.
4. The applicant provides a one page self-authored memorandum, two electronic mail (email) messages, and two DA Forms 1059 (Service School Academic Evaluation Report) as documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. Records show the applicant is an Active Guard Reserve sergeant first class who has been on active duty since August 2000 and is currently assigned to 1st Information Operations Command (Land). His date of rank to sergeant first class is 1 September 2002.
2. The applicant provides an email addressed to him from a representative of U.S. Army Human Resources Command, St. Louis, dated 22 December 2005.
The purpose of the email was to inform the applicant that he was eligible for consideration by the 2006 Master Sergeant Promotion Board. U.S. Army Human Resources Command, St. Louis, Missouri, memorandum, dated 15 November 2005, Subject: Consideration for 2006 AGR Master Sergeant Board was attached to the email. The memorandum is addressed to each Soldier in and above the zone of consideration and, in effect, announces that the board will convene on 7 February 2006, the zones of consideration, education prerequisites, and other administrative requirements for consideration by the Promotion Board.
3. The applicant provides an email addressed to him from a representative of U.S. Army Human Resources Command, St. Louis, dated 10 February 2006.
The purpose of the email was to inform the applicant that their database indicated he did not meet the military education requirement of completing the Advanced Noncommissioned Officer Course prior to being considered for promotion to the next higher grade. The email informed the applicant how to take corrective action in the event he had actually completed the course, was currently attending the course, desired to schedule a course date, or desired to decline attendance of the course. Finally, the applicant was instructed to reply to this request for information no later than 1 March 2006.
4. The applicant's record contains a DA Form 1059, dated 27 June 2003, which indicates completion of the first phase of the Advanced Noncommissioned Officer Course on 27 June 2003.
5. The applicant's record contains a DA Form 1059, dated 24 October 2003, which indicates completion of the second phase of the Advanced
Noncommissioned Officer Course.
6. An advisory opinion was obtained from the Acting Sergeant Major of the Enlisted Promotions Branch, Reserve Components, U.S. Army Human Resources Command (HRC), St. Louis, Missouri, dated 28 February 2007. This opinion states that the applicant had been considered but non-selected for promotion by the 2005, 2006, and 2007 United States Army Reserve/Active Guard Reserve Master Sergeant Promotion Boards. Since graduation from the Advanced Noncommissioned Officer Course is a prerequisite for consideration by the Master Sergeant board, the applicant's completion of the course was verified by their office for all three stated promotion boards. The advisor opined that the applicant's request for an Enlisted Standby Advisory Board is without merit.
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), prescribes the enlisted promotions and reductions function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support promotions and reductions. It states, in pertinent part, Standby Advisory Boards are convened to consider records of those Soldiers not reviewed by a regular board or whose records were not properly constituted, due to a material error, when reviewed by the regular board. Material error is considered one sufficient enough to cause the nonselection of a Soldier for promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be placed before an enlisted STAB for promotion consideration to the rank and pay grade of master sergeant/E-8 was carefully considered and found to be without merit.
2. The applicant's request was based solely upon his contention that he was not given promotion consideration by the 2006 Master Sergeant Promotion Board because that board erroneously believed he had not completed the Advanced Noncommissioned Officer Course.
3. As stated in the advisory opinion from U.S. Army Human Resources Command, St. Louis, Missouri, the applicant's board files contained documentary evidence of completion of the Advanced Noncommissioned Officer Course and were considered by three consecutive Master Sergeant Promotion Boards, all of which resulted in his nonselection for promotion. In the absence of evidence to the contrary, the Board must presume regularity in the promotion board proceedings and in the applicant's discharge process.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement. Therefore, he is not entitled to promotion to Master Sergeant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JTM__ __JRM___ __SWF__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___John T. Meixell____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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