IN THE CASE OF:
BOARD DATE: 4 February 2010
DOCKET NUMBER: AR20090008588
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 correction of his military records to show that he was considered for promotion to staff sergeant during his mobilization.
2. The applicant states, in effect, that he had a promotion packet approved by his unit commander. However, he was injured and could not deploy with his unit to Iraq. After his unit went to Iraq, the applicant was informed that his promotion had to be processed in Iraq. The applicant contends that he was told that he could not be promoted because he had not completed the Primary Leadership Development Course (PLDC). The applicant explains that he had a temporary profile that precluded his attendance at PLDC and was informed he could get a waiver since he was a mobilized Soldier in support of Operation Iraqi Freedom. However, no one in his unit could help him get considered for promotion. During the period from June 2007 to November 2008, the applicant was never contacted by a member of his chain of command regarding his promotion status. The applicant believes that, before he was injured, the unit saw him as a good Soldier to promote. After his injury, he was cross-leveled from military police duties to human resources. He was performing the duties of a platoon sergeant, pay grade E-7; therefore, he must have made a positive impression.
3. The applicant provides copies of his college transcripts; three DA Forms 2166-8 (Noncommissioned Officer Evaluation Report); and Orders 339-6, dated 5 December 2002, promoting him to sergeant, pay grade E-5.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a retired sergeant, pay grade E-5, U.S. Army Reserve (USAR).
2. Orders 339-6, 327th Military Police Battalion, dated 5 December 2002, show that the applicant was promoted to sergeant, pay grade E-5 with an effective date and date of rank of 1 December 2002.
3. Orders 07-030-00121, Fort Snelling, Minnesota, dated 30 January 2007, ordered the applicant to active duty with his Reserve unit in support of Operation Iraqi Freedom, for a period of 545 days.
4. Orders A-06-713842, Human Resources Command, Alexandria, Virginia, dated 12 June 2007, retained the applicant on active duty and assigned him to the Medical Retention Center, Fort Knox, Kentucky, to participate in Reserve Component medical holdover/retention for completion of medical care and treatment.
5. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates that he was retired on 17 November 2008 due to physical disability. He had attained the rank of sergeant, pay grade E-5, and completed
1 year, 8 months, and 28 days of creditable active duty service during this period of active duty service.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Department of the Army Enlisted Promotions Branch, United States Army Human Resources Command, St. Louis, Missouri. The opinion stated that the applicant had been assigned to a troop program unit (TPU) and was promoted to sergeant, pay grade E-5 prior to his joining the Active Guard Reserve (AGR) Program in August 2003. The applicant had received orders to attend PLDC commencing on 23 December 2003, but he did not attend. There is no record showing that this training was rescheduled. PLDC was a requirement for promotion to staff sergeant, pay grade E-6, in the AGR. The applicant served in the AGR until 9 August 2006. He was not selected for promotion during his AGR assignment. In 2006, the applicant was reassigned to another TPU. The applicant's records do not contain enough documentation to substantiate his claim that he was denied promotion consideration.
7. A copy of the advisory opinion was sent to the applicant on 9 November 2009. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he had an approved promotion packet but he was denied consideration for promotion to staff sergeant, pay grade E-6.
2. The available evidence shows the applicant was promoted to sergeant, pay grade E-5, on 1 December 2002, while serving in a TPU. He served in the AGR from August 2003 to August 2006. There is no evidence showing that during this period of service he was considered for promotion to staff sergeant. He had not completed the PLDC course, which was required for promotion.
3. The applicant claims that he was denied the opportunity to compete for promotion to staff sergeant when he returned to a TPU assignment in 2006. However, there is no available evidence showing he met the qualifications for promotion consideration. Furthermore, there is no available evidence showing he was improperly denied any such promotion consideration.
4. 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 the aforementioned requirement.
5. In view of the above, the applicant's request should be denied.
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.
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