IN THE CASE OF:	  

		BOARD DATE:	        5 February 2009

		DOCKET NUMBER:  AR20080015862 


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 his promotion to sergeant first class (SFC), E-7 be reinstated.

2.  The applicant states that he was recently selected for promotion to SFC with a sequence number of "1."  He states that his eligibility to get his promotion was lost due to Military Personnel (MILPER) Message 06-294.  On 20 March [2007], he was told he would be placed on stop loss and he received his Professional Officer Filler Information System (PROFIS) notification.  He states he signed a DA Form 4187 (Personnel Action) on 21 March [2007] requesting to be dropped from voluntary retirement so he could deploy.  He received deployment orders on 5 April [2007].  By late June, he was informed that he would not deploy but he would be retired and would not receive his promotion.  He was notified of his removal from the promotion standing list and that his retirement was being revoked.  He states that a command sergeant major (CSM) told him that an attempt would be made to place him back on promotable status if he took the deployment orders.  He states he has completed the Advanced Noncommissioned Officer Course (ANCOC) and received an Associate in Arts Degree.  While he waited for resolution to his issues, he received orders for a permanent change of station (PCS) to Fort Wainwright, Alaska.  He was later informed that a mistake had been made and he would not be placed back on the promotion list.

3.  The applicant provides a memorandum, subject:  Notification and Acknowledgement of Army Medical Department (AMEDD) Professional Filler Deployment System (PDS) PROFIS; a Personnel Action and a Personnel Action Form Addendum; his orders for deployment in support of Operation Iraqi Freedom, dated 5 April 2007; a memorandum, subject:  Administrative Removal from the Promotion Selection List; his orders revoking his retirement, dated 17 July 2007; his DA Form 1059 (Service School Academic Evaluation Report), dated 20 November 2007; his Associate in Arts diploma, dated 8 June 2007; his PCS orders to Fort Wainwright, Alaska, dated 24 October 2007; and his Enlisted Record Brief, dated 30 May 2007.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 5 April 1988.  He completed the required training and was awarded military occupational specialty 91A (medical specialist).  On 1 May 1992, he was promoted to sergeant, E-5.  He has continued to serve on active duty through a series of reenlistments.

2.  The applicant was promoted to staff sergeant, E-6 on 1 October 1993.

3.  The applicant's voluntary retirement packet is not available.  Information obtained from the U. S. Army Human Resources Command (USAHRC) revealed that his retirement application was approved locally at Fort Sam Houston, TX, and his retirement order was dated 9 February 2007.

4.  The applicant was considered and selected for promotion to SFC, E-7, by the 2007 SFC and Advanced Noncommissioned Officer Course Selection Board.  This selection board convened on 30 January 2007 and adjourned on 21 February 2007.  His Enlisted Record Brief shows he was selected for promotion with an anticipated promotion date of 1 January 2007 with a sequence number  of "1."

5.  On 20 March 2007, the applicant submitted a Personnel Action to request removal from the voluntary retirement program.  He indicated that he was selected by the E-7 promotion board and that he was currently on the Department of the Army promotion list.  His request was approved on an unknown date.

6.  On an unknown date, the applicant was notified of his selection to a position on the PROFIS Deployment System for Operation Iraqi Freedom/Operation Enduring Freedom.  He signed the memorandum on 20 March 2007 acknowledging receipt of his PDS PROFIS notification.  He also acknowledged that he understood that his assignment is to a unit that would deploy.

7.  Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, Texas, Orders 095-1107, dated 5 April 2007, show the applicant was assigned to the 86th Medical Combat Support Hospital, Fort Campbell, Kentucky, for deployment in support of Operation Iraqi Freedom with a proceed date of 8 July 2007.

8.  He was awarded an Associate in Arts Degree on 8 June 2007.

9.  In a 12 July 2007 memorandum, the applicant was notified that his name was administratively removed from the SFC promotion list based on his approved retirement.

10.  Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, Texas, Orders 198-0123, dated 17 July 2007, revoked the applicant's retirement orders (Orders 040-0114, dated 9 February 2007).

11.  Headquarters, U.S. Army Medical Department Center and School, Fort Sam Houston, Texas, Orders 297-700, dated 24 October 2007, show the applicant was assigned to Fort Wainwright, Alaska, with a reporting date of 10 February 2008.

12.  His Service School Academic Evaluation Report, dated 20 November 2007, shows he completed the AMEDD Noncommissioned Officer Advanced Course on 20 November 2007.

13.  The applicant provided an electronic mail message, dated 25 February 2008, from the Deputy Chief of Enlisted Promotions, Human Resources Command, Alexandria, Virginia.  This office stated the applicant was removed from the promotion list because he had an approved retirement at the time the list was released.  The message indicated that if a Soldier has an approved retirement when a promotion list is released, the Soldier loses the promotion opportunity even if he withdraws the retirement.

14.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Chapter 4 of this regulation provides the rules and steps for managing the Centralized Promotion System to SFC, master sergeant, and sergeant major.  It also provides that the name of any Soldier will be removed from a centralized promotions list who has an approved retirement.

15.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 12-8d, states that Soldiers who have an approved retirement are in a nonpromotable status.  They will not be promoted unless a request for withdrawal of their retirement application has been approved.

16.  MILPER Message Number 06-294, dated 18 October 2006, subject: Corrected Copy of FY07 SFC Promotion Board Announcement Message, paragraph 4a, states that Soldiers with an approved retirement, regardless of the approval date and reason for submission, would not regain eligibility by withdrawing their retirement after the convening date of the Board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended, in effect, that he was initially told he would be placed back on a promotable status if he accepted his deployment orders.  He was later informed that a mistake had been made and he would not be placed back on the promotion list.

2.  The applicant was considered and selected for promotion to SFC by the board that convened on 30 January 2007 and adjourned on 21 February 2007.  

3.  However, the applicant voluntarily submitted a request to be released from active duty.  His request for retirement was approved and retirement orders were published on 9 February 2007, prior to the date the promotion board adjourned.  Therefore, the applicant was erroneously considered by the board and, as a result, he was administratively removed from the SFC promotion list.

4.  The evidence of record shows the applicant submitted a request for removal from the voluntary retirement program in March 2007.

5.   Guidance provided in MILPER Message 06-294 directed that Soldiers would not regain eligibility by withdrawing their retirement after the convening date of the Board.  Therefore, there is no basis for reinstating the applicant's promotion to SFC.

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.



      ________xxx_________________
                 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)                                         AR20080015862



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ABCMR Record of Proceedings (cont)                                         AR20080015862



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