RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080001036 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 reconsideration of his earlier request that the effective date of his promotion to sergeant major (SGM) be changed to 1 August 1991.

2.  The applicant states he is shocked that the Board denied his request to correct his records.  The special instructions in his promotion order are an acknowledgment the Army made an error that wrongly denied him an earlier date of rank.  He resents the insinuation he might have been flagged and therefore not eligible for a favorable consideration.  

3.  The applicant states the administrative error cited in his promotion order refers to the command’s failure to consider him for promotion to SGM in his secondary military occupational specialty (MOS).  He was only considered in his primary MOS, although no positions existed within the command in his primary MOS.  His duty performance is captured in his 1992 noncommissioned officer evaluation report (NCOER), which cites, “Excelled as SGM of 7th ARCOM 11B MOS Reclassification course.”

4.  The applicant states that following his promotion in March 1992 he initiated his first effort to correct his record by submitting a request to the Board.  Neither the U. S. Army Reserve Personnel Center nor the Army Review Board Agency (ARBA) responded to any of his inquiries made during the years 1992 – 1994, after which he simply hoped that someone would eventually assist him in this effort at the time he retired from the U. S. Army Reserve (USAR).  

5.  The applicant provides three NCOERs, for the periods ending April 1990, August 1991, and June 1992; a DA Form 705 (Army Physical Fitness Test Scorecard); an Army Commendation Medal award certificate; and his original Board application, dated 16 April 1992.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070008998 on 6 December 2007.

2.  The applicant provides a new argument that will be considered by the Board.

3.  After having had prior service in the Regular Army, the USAR, and the Army National Guard, the applicant enlisted in the USAR in October 1984.  He was promoted to Master Sergeant, E-8 on 15 June 1987.
4.  On 9 March 1992, orders were published by the 7th Army Reserve Command in Europe promoting the applicant to SGM effective 9 March 1992 with a date of rank of 1 August 1991.  The orders contained additional instructions advising him he could apply to this Board for approval of pay and benefits authorized between the date of rank and effective date of his promotion.

5.  On 16 April 1992, the applicant submitted an application to this Board requesting that he be paid for his promotion to SGM effective 1 August 1991.  He only provided a copy of his promotion orders and contended that an administrative error had resulted in his not being promoted to SGM effective        1 August 1991.  The staff of the Board dispatched a letter to the applicant in October 1994 informing him that there was insufficient evidence to support his request and that at a minimum he needed to provide a statement from his commander fully explaining the 7-month delay of his promotion.  He was advised that his application was being filed without prejudice and without any action being taken by the Board and that he could reapply when he obtained the documents necessary to support his application. 

6.  The applicant was issued his 20-year letter on 6 February 1996, and he will reach mandatory retirement for age on 27 May 2008.

7.  Department of the Army Pamphlet 600-25 (U. S. Army Noncommissioned Officer Professional Development Guide) states individual Soldiers, commanders, proponents, and the Enlisted Personnel Management Division Professional Development NCOs all play an important part in the career development of enlisted Soldiers.  However, the individual Soldier is the one true steward of his or her career.  Individual Soldiers are ultimately their own career managers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated he is shocked that the Board denied his request to correct his records.  He contended that the administrative error cited in his promotion order refers to the command’s failure to consider him for promotion to SGM in his secondary MOS.  He contended that following his promotion in March 1992 he initiated his first effort to correct his record, but neither the U. S. Army Reserve Personnel Center nor ARBA responded to any of his inquiries made during the years 1992 – 1994, after which he simply hoped that someone would eventually assist him in this effort at the time he retired from the USAR.  


2.  Department of the Army Pamphlet 600-25 states individual Soldiers are ultimately their own career managers.  While the pamphlet concerns primarily professional development in the Army’s MOSs, this statement is no less true when it comes to a Soldier’s promotion development.  

3.  The applicant had been promoted to the most senior of the enlisted grades, yet when he failed to get a response from ARBA after two years he simply hoped that someone would eventually assist him at the time he retired.  Had he been more diligent in managing his own career in regard to his promotion he should have been able to discover that a letter had been sent to him in October 1994 informing him what additional evidence was needed to support his request.  Instead, he continued on with his career for more than 15 years with what he believed to be an incorrect date of rank.

4.  At this point in time, more than 15 years after his promotion, there is simply no evidence other than the applicant’s unsubstantiated statement to explain the delay in his promotion.  At this point in time, even a statement from his former chain of command would not be a reliable source as to what actually happened in the applicant’s case to delay his promotion.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x__  __x__  __x__  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 to amend the decision of the ABCMR set forth in Docket Number AR20070008998 dated 6 December 2007.




      __            x______
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080001036


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508