IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080009898 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that a non-rated statement be placed in her Official Military Personnel File (OMPF) and that she be granted promotion reconsideration by an enlisted Standby Advisory Boards (STAB) for the 2007 and 2008 Master Sergeant Promotion Selection Boards. 

2.  The applicant states, in effect, that she received a non-rated statement for the period of 1 November 2005 to 31 August 2006 and she requested promotion reconsideration.  However, her request for a STAB was denied.  She further states that she believes that the presence of the non-rated statement in her OMPF will show the selection boards that the missing period was through no fault of her own.  

3.  The applicant provides a partial copy of her Enlisted Records Brief, copies of electronic mail (Email) to officials at the Reserve Component Promotions Branch, copies of the denial of her request for STAB consideration, a copy of the Calendar Year (CY) 2007 Active Guard Reserve (AGR) Master Sergeant (MSG) Selection Board – Consolidated Issues After-Action Report, a copy of her request for issuance of Nonrated Statement, a copy of the Nonrated Statement, and a copy of her AGR orders. 






CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 13 June 1979 and has served through a series of continuous reenlistments.  She was promoted to the pay grade of E-7 on 1 September 2001 and was issued her 20-year letter on 17 July 2002.

2.  The applicant was considered for promotion by the Calendar Year (CY) 2007 Active Guard Reserve (AGR) Master Sergeant (MSG) Selection Board and was not selected.  She did not submit a letter to the president of that board before the board convened.    

3.  On 24 January 2008, the applicant dispatched a memorandum to the President of the CY 2008 Active Guard Reserve (AGR) Master Sergeant (MSG) Selection Board explaining that she had requested a non-rated statement for the period in question and further stated that her 6th award of the Good Conduct Medal was posted to her records; however, the orders were not in her OMPF.  

4.  On 25 January 2008, she was issued a non-rated statement for the period of 1 November 2005 to 31 August 2006, which was posted to her OMPF on 6 February 2008.  

5.  The applicant was considered for promotion by the CY 2008 Active Guard Reserve (AGR) Master Sergeant (MSG) Selection Board and was not selected for promotion.

6.  On 2 March 2008, the applicant submitted a request for promotion reconsideration to the rank of master sergeant by a STAB under the 2007  criteria based on material error and the omission of information not seen by that board. 

7.  On 26 March 2008, after careful review of the applicant’s CY 2007 Active Guard Reserve (AGR) Master Sergeant (MSG) Selection Board file by officials at the Human Resources Command – St. Louis, Reserve Components Promotions Division, officials at that agency opined that in accordance with paragraph           4-14h, Army Regulation 600-8-19, the omission of a memorandum of non-rated time does not constitute material error and will not be a reason for reconsideration and her request was denied.

8.  Army Regulation 600-8-19, Enlisted Promotions and Reductions, provides in paragraph 4-14 (Rules for processing STAB consideration), in effect, that the absence of evaluation reports or documents, photographs, commendatory 
correspondence and the personnel qualification record do not constitute material error and will not be reasons for reconsideration.  There are exceptions regarding evaluation reports which involve reports that are successfully appealed, reports that are submitted on time and not included in the board file, and reports that are improperly filed and reviewed by promotion boards.       

DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant was properly considered for promotion by both the CY 2007 and CY 2008 AGR Master Sergeant (MSG) Selection Boards and that her promotion board files contained no material error.  

2.  A statement of non-rated time offers no quantifiable information, such as performance, accomplishments, and/or potential for board members to consider. The statement serves no other purpose but to officially document the gap in the performance history record.  While the applicant did not exercise her right to submit a statement to the President of the CY 2007 Selection Board, she did exercise her right and submitted a statement to the CY 2008 Selection Board and still was not selected. 

3.  While it is unfortunate that the applicant was not selected for promotion by those boards, it is a well-known fact that promotion selection boards do not reveal the basis for selection or non-selection for promotion.  Inasmuch as there appears to be no material error in her record, it must be presumed that she was properly considered for promotion by a duly constituted promotion selection board and was not deemed the best qualified for selection when compared to her peers, given the allocations imposed on the Board.

4.  It is also a well-known fact that there are normally more Soldiers eligible for promotion than there are promotion allocations, which results in some Soldiers not being promoted.  If such was not the case, promotion boards would not be necessary.

5.  Inasmuch as there appears to be no material error in her records that would justify promotion reconsideration, there appears to be no basis to grant her request.

6.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.    


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 for correction of the records of the individual concerned.



      __________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080009898



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ABCMR Record of Proceedings (cont)                                         AR20080009898



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