IN THE CASE OF:
BOARD DATE: 1 July 2009
DOCKET NUMBER: AR20090003462
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, the mother of a deceased former service member (FSM), requests that her late son be posthumously promoted to the rank of sergeant.
2. The applicant states that the FSM had previously been promoted to sergeant while serving in Iraq but he was reduced in rank after being charged with driving under the influence in July 2005 in Germany. She contends that the FSM was able to complete the requirements for reinstatement of his rank and that he was to go before the advisory board in January 2006. However, on 21 December 2005, the FSM died from critical injuries suffered in a car crash on 17 December 2005 in Germany. The applicant indicates that she is not seeking any additional benefits and that she would like the FSM to be remembered as he would have been if not for the accident, which was not his fault.
3. The applicant provides a certificate of death; a Report of Casualty; a recommendation for promotion; and a copy of the FSM's Noncommissioned Officer (NCO) Evaluation Report in support of her application.
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 11 August 2000 for a period of 5 years. He was promoted to sergeant effective 1 December 2003. On 18 December 2004, he was honorably discharged for immediate reenlistment. He reenlisted on 19 December 2004 for a period of 4 years.
2. On 22 August 2005, the applicant was reduced to specialist.
3. On 21 December 2005, the FSM died as the result of a motor vehicle accident in Germany. The FSM's certificate of death and Report of Casualty show his rank as specialist.
4. There is no evidence of record which shows the FSM was recommended for promotion to sergeant by a local promotion selection board prior to his death.
5. In support of her claim, the applicant provided a recommendation for promotion, dated 2 October 2008, from the FSM's commander at the time in question. He states, in pertinent part, that the FSM was about to attend the NCO board to regain his rank to sergeant and that if he had not died on 21 December 2005 he would have been shortly promoted to sergeant and moved into a team leader position. He respectfully requests that the FSM be posthumously promoted to the rank of sergeant.
6. Paragraph 1-22b(1) of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states, in pertinent part, that to be eligible for a posthumous promotion a Soldier must have been officially recommended before the date of death. Promotion to the grades of sergeant and staff sergeant must have been recommended by a local promotion selection board.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record which shows the FSM was officially recommended by a local promotion selection board for promotion to sergeant prior to his death on 21 December 2005. In the absence of such a recommendation, the 2 October 2008 recommendation from the FSM's commander is not sufficient as a basis for a posthumous promotion to the rank of sergeant. Regrettably, there is no basis for granting the applicant's request.
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) AR20090003462
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