RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070018625 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Eric N. Anderson

Chairperson

Mr. Peter B. Fisher

Member

Mr. Jeffrey C. Redmann

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 retroactive promotion from sergeant (SGT)/E-5 to staff sergeant (SSG)/E-6 effective on an undetermined date in 2006.

2.  The applicant states that he prepared and submitted a promotion packet for promotion consideration to SSG/E-6 in March 2006, prior to his deployment to Iraq in support of Operation Iraqi Freedom; however, his promotion packet was lost and he was not informed of the loss until several months later.  He further adds that upon his return from deployment in 2007, his unit located his promotion packet, but it was lost again.  He also adds that he was not given any professional counseling regarding his promotion eligibility despite inquiries that date back to 2004.  He concludes that he was told by his immediate commander in April 2007 to reassemble his promotion documents and to reconstruct a new promotion packet. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Self-authored letter, dated 21 September 2007.

	b.  DA Form 2-1 (Personnel Qualification Record). 

	c.  Copy of letter, dated 11 July 2007, from the G-1, Headquarters, U.S. Army Reserve (USAR) Command, Fort McPherson, Georgia, to a Member of Congress.

	d.  DA Form 3355 (Promotion Point Worksheet), dated 25 September 2009 with allied documents (awards, decorations, certificates of achievements, certificates of training, diplomas, certificates of course completion, Army Physical Fitness Test scorecard, Height and Weight Statement)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that, with prior service in the U.S. Marine Corps (USMC), he enlisted in the Michigan Army National Guard (MIARNG) for a period of 2 years on 10 December 2003, in the rank/grade of SGT/E-5.  He was assigned to Company C, 156th Signal Battalion, Ypsilanti, Michigan. 

2.  On 28 October 2004, the applicant was counseled by his chain of command and was determined to be ineligible for promotion at the time due to lack of a military occupational specialty (MOS).
3.  On 6 September 2004, the applicant enlisted in the USAR for a period of 3 years.  He subsequently completed the Reserve Component Psychological Specialist Course on 4 November 2004.  However, there is no indication that he was issued orders awarding him a military occupational specialty.

4.  On 2 December 2004, the State of Michigan, Department of Military and Veterans Affairs, Lansing, Michigan, published Orders 337-021 honorably separating the applicant from the MIARNG due to his acceptance for assignment in an Army Reserve unit and subsequently reassigning him to Detachment 1340, B Company 13th Psychological Operations Battalion, Arden Hills, Minnesota, effective 6 September 2004.

5.  On an unknown date in 2006, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Iraqi Freedom and subsequently served in Iraq from 8 April 2006 to 27 March 2007.  He was honorably released from active duty for completion of required service and reverted back to his USAR status on 30 April 2007.

6.  On 19 May 2007, the Acting Commander, Headquarters, 2nd Psychological Operation Group, Parma, Ohio, (the 13th Psychological Battalion higher headquarters) submitted a memorandum to the Commander, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, North Carolina, in response to an earlier inquiry submitted by the applicant to a member of Congress.  The Acting Commander remarked:

	a.  In February 2006, the applicant was afforded the opportunity to prepare and submit a promotion packet for consideration for promotion to SSG/E-6.  All promotion packets for Soldiers assigned to Detachment 1340, A Company, 13th Psychological Operations Battalion were collected and submitted to A Company, 13th Psychological Operations Battalion prior to deployment.  However, due to an administrative oversight, promotion recommendations for Detachment 1340 Soldiers were not presented to the promotion board for consideration.  Upon notification of this error in August 2006, the Detachment 1340 chain of command informed the affected Soldiers and immediately began to reconstruct promotion packets in coordination with each of their promotion eligible Soldiers.

	b.  In August 2006, the applicant was counseled by his first line supervisor and was advised that he would not be recommended for promotion "due to several outstanding issues."  Following this counseling, the applicant was afforded several opportunities to discuss his potential for increased responsibility and promotion opportunity with his chain of command.  Additionally, there were several informal counseling sessions completed from August 2006 to April 2007 by the applicant's Noncommissioned Office in Charge (NCOIC).

	c.  The applicant's immediate commander met with the applicant in April 2007, prior to the applicant's release from active duty and instructed a senior NCO to assist the applicant with submitting a packet for promotion consideration. However, once the immediate commander realized that the applicant had been counseled concerning his promotion status, the immediate commander amended his instructions and delayed submitting a promotion recommendation until after the applicant's release from active duty. 

	d.  All Soldiers assigned to the 13th Psychological Operations Battalion, including the applicant would be afforded the opportunity to submit a promotion recommendation to the promotion authority for consideration in the July 2007 Promotion Board.  Unit standard operating procedure (SOP) requires Soldiers being considered for promotion to be counseled by their first line supervisors. 

7.  On 25 June 2007, the Commander, U.S. Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, North Carolina, forwarded the 2nd Psychological Operation Acting Commander's memorandum, to the U.S. Army Reserve G-1, Fort McPherson, Georgia.

8.  On 11 July 2007, the U.S. Army Reserve, G-1, Fort McPherson, Georgia, submitted a letter to a Member of Congress, in response to the Member of Congress' earlier inquiry, on behalf of the applicant, regarding the applicant's promotion to SSG/E-6 in the USAR.  The G-1 stated that:

	a.  the applicant submitted a promotion packet in February 2006; but, due to administrative errors, he was not considered for promotion and his unit failed to notify him of this error in a timely manner; and

	b.  the applicant was not provided the proper counseling regarding subsequent promotion boards.

9.  On 10 July 2007, by letter, the Member of Congress notified the applicant of the U.S. Army Reserve G-1's response regarding the promotion issue. 

10.  On 25 September 2007, the applicant's immediate commander recommended the applicant for promotion to SSG/E-6 and initiated a DA Form 3355 (Promotion Point Worksheet).  However, there is no indication in the available records if the promotion recommendation was forwarded to the promotion authority or if the promotion authority took any action on this recommendation.  The promotion packet contains the following documents:

	a.  DA Form 3355, that shows the applicant’s primary MOS as 37F (Psychological Operations Specialist).  This form shows the applicant was recommended by his immediate commander and that the applicant was awarded 412 administrative points (weapons qualification, physical fitness, duty performance evaluation, awards and decorations, military education, and civilian education);  

	b.  Appropriate records and supporting documents of the administrative points awarded;  

	c.  Height and Weight Verification Memorandum, dated 22 September 2007.  

	d.  Security clearance verification memorandum, dated 15 February 2006.  
	e.  Memorandum, dated 19 February 2005, from the applicant’s unit senior trainer to the Commander, 2nd Psychological Operations Group, Cleveland, Ohio.  In this memorandum, the senior trainer requested military education equivalency credit of the applicant’s previously completed USMC Sergeant Course, dated 19 June 1999, to count as equivalent to the Army’s Warrior Leader Course (previously known as Primary Leadership Development Course).  However, there is no indication in the available records if this request was approved.

	f.  Copies of academic transcripts and/or college education.    

11.  Army Regulation 140-158 (Army Reserve Enlisted Personnel Classification, Promotion, and Reduction) prescribes the policy and procedures governing the classification, advancement, promotion, reduction, and grade restoration applicable to USAR Soldiers.   Section III of this regulation prescribes policy and procedures for promotion to SGT/E-5 and SSG/E-6.  It states, in pertinent part, that although all Soldiers may be eligible to be considered for promotion, only those Soldiers recommended by their immediate commander will be referred to the selection board.  Commanders or supervisors must counsel SGTs and below who meet advancement or promotion eligibility, but have not been recommended to the board.  Soldiers who are within the zone of consideration but not recommended for promotion by the immediate commander must be counseled by the immediate commander and will be advised of the reasons for not being recommended, current deficiencies, and ways to improve their performance.
12.  Recommendations for promotion, including appropriate waivers, will be prepared on DA Form 3355.  The recommending official will indicate that the recommended Soldier meets the promotion criteria.  All recommendations will be processed through the unit commander of the Soldier’s parent organization to the promotion authority.  A maximum of two waivers for any of the waivable criteria may be requested.  Soldiers who require more than two waivers are not eligible for consideration and must be counseled.  The promotion authority will approve or disapprove all recommendations including waivers.  Soldiers may compete for promotion in their primary, secondary, or additional MOS.  Soldiers must be fully qualified in the MOS for which he or she is selected for promotion.  Soldiers must have the appropriate security clearance or a favorable security investigation required by the MOS in which being promoted (non-waivable).  Soldiers must be a graduate of the Noncommissioned Officer Education System (NCOES) course or the equivalency required for the next higher grade as required by the regulation (non-waivable).  

13.  The custodian of the Soldier’s records prepares a packet containing the Soldier’s promotion packet and supporting documentation and forwards the promotion packet to the promotion authority for approval or disapproval.  The promotion authority convenes a promotion board at least twice a year.  Members of the promotion board review the records of those considered and vote to recommend or not to recommend those considered. After the promotion board adjourns, the recorder prepares the Report of Board Proceedings for the president of the board.  The president reviews the report of board proceedings for accuracy, signs it, and gives it to the convening authority for approval or disapproval.  The convening authority may approve the report in its entirety and authorize the names of recommended Soldiers to be integrated into the permanent recommended list or may disapprove the report in its entirety and convene a new promotion board.  If approved, the report of board proceedings is forwarded by the convening authority to the higher headquarters authorized to publish a centralized permanent promotion recommended list (PPRL).  Reports received from subordinate units are consolidated into one permanent PPRL and the names of those Soldiers recommended by their approval authority are extracted from the reports and placed on the PPRL.  The PPRL is revised every three months to add, delete, integrate, remove, adjust, promote or suspend selected Soldiers.  The PPRL is distributed to subordinate commands down to company level and each company ensures a copy of the PPRL is prominently displayed at a conspicuous place.  To be promoted to SGT or SSG, the Soldier must be in a promotable status, listed on the PPRL, and in the proper sequence order when promoted off the list.

14.  Chapter 8 of this regulation prescribes NCOES policy and procedures.  It states, in pertinent part, that successful completion of a NCOES course, either a resident or corresponding studies course, is required of all USAR NCOs commensurate with their grade and rank.  NCOES courses are progressive and parallel the Army NCO rank structure.  Therefore, a NCO must be a graduate of the educational course required by the NCOES for their current grade.  A Soldier with the rank of SGT/E-5 must be a graduate of:

	a.  The Warrior Leader Course-Active Army (WLC-AC), or

	b.  The Warrior Leader Course-Reserve Component (WLC-RC), or

	c.  One of the following courses, including those completed before 1 October 1987:

		1.  Primary Technical Course-Active Army (PTC-AC).  This includes either the resident or nonresident course in MOS 12C, 26Q, 31C, 31M, 36C, 54E, 57H, 71M, 72E, and 72G, or completion an MOS specific Army Correspondence Course Program (ACCP) MOS for BCT-AC, or

		2.  Primary Technical Course-Reserve Component (PTC-RC) in MOS 12C, 26Q, 31C, 31M, 36C, 54E, 57H, 71M, 72E, and 72G.

	d.  An Active Army NCO Academy before 1 October 1976, or

	e.  One of the following courses if completed before 1 October 1987:

		1.  Primary Leadership Course (PLC) either Active Army (PLC-AC) or Reserve Component (PLC-RC), or

		2.  Primary Noncommissioned Officer Course (PNOC) either Active Army (PNCOC-AC) or Reserve Component (PNOC-RC).

15.  Paragraph 8-3 of Army Regulation 140-158 contains special provisions and exceptions governing NCOES requirements for promotion consideration.  It states, in pertinent part, that completion of the ACCP for WLC does not satisfy NCOES requirements. 





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to retroactive promotion to SSG/E-6 effective on an undetermined date in 2006. 

2.  With respect to the applicant’s February 2006 promotion packet, while it is unfortunate that the applicant’s promotion recommendation was misplaced and that the applicant was not informed until months later, there is no evidence and the applicant did not provide evidence that shows he would have been recommended for promotion by a promotion board or that his promotion recommendation would have been approved by the promotion authority had his promotion packet not been lost.  Furthermore, his name was never integrated onto the PPRL and he was not issued a promotion order.  Therefore, there is insufficient evidence to grant the applicant relief. 

3.  With respect to the applicant’s September 2007 promotion packet, it appears that:

	a.  the applicant met promotion consideration requirements of Army Regulation 140-158, as evidenced by the promotion recommendation submitted by his unit commander.  Furthermore, he provided supporting documents to substantiate his administrative points, met the height and weight requirements, passed his Army Physical Fitness Test, and qualified with his individual weapon; 

	b.  the applicant completed the Psychological Operations Specialist Course.  However, his records are void of permanent orders awarding him primary MOS 37F.  It is not clear why he was never issued a permanent order awarding him the 37F MOS; however, he should not be disadvantaged as a result of what appears to be an administrative oversight; 

	c.  the applicant’s records are void of a certificate of completion of the Warrior Leader Course, a requirement for all SGTs in the USAR.  However, he had previously completed the USMC Sergeant Course in 1999 and requested, through his chain of command, credit for completion of the Warrior Leader Course (previously known as the Primary Leadership Development Course) due to completion of the USMC Sergeant Course in 1999.  There is no evidence in the applicant’s records and the applicant did not provide evidence that shows he was awarded course credit or substitution, and as such, remains not qualified for promotion for not meeting NCOES requirements; and  


	d.  there is no evidence that the applicant’s promotion packet was forwarded to the promotion authority for consideration by a promotion board or that the approval authority approved the recommendation and forwarded the applicant’s name on a report of board proceedings for integration into the higher headquarters’ PPRL.

4.  The applicant appears to have suffered an injustice in the sense that he has not been counseled properly regarding his promotion recommendation.  Additionally, he continues to suffer from administrative errors such as the lack of MOS orders.  Nevertheless, he remains unqualified for promotion consideration since he does not meet the NCOES requirements for his grade.  Unfortunately, the governing regulation does not provide a provision for a Special Selection Board (SSB) when dealing with decentralized promotions at the SGT/SSG levels.  Therefore, the applicant is not entitled to relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __pbf___  __jcr___  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.




							Eric N. Anderson
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070018625
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION

REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.