BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100012849 


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 he be promoted from sergeant (SGT)/E-5 to staff sergeant (SSG)/E-6, effective 26 October 2008.  

2.  He states he was recalled to active duty and his rank was restored, but his promotable status was not restored.  

3.  He provides:

* self-authored statement
* two DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 6 August 1992 and 23 November 2009
* DA Form 705 (Army Physical Fitness Test Scoreboard)
* two DA Forms 1059 (Service School Academic Evaluation Report)
* DA Form 2A (Personnel Qualification Record – Part I)
* DA Form 2166-8 (Noncommissioned Officer Evaluation Report)
* DA Form 1559 (Inspector General (IG) Action Request)
* active duty orders, dated 4 September 2008
* separation orders, dated 5 November 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 July 1978 and continued to serve on active duty through three reenlistments.  He completed the required training and was awarded military occupational specialty (MOS) 93C2C (Air Traffic Control Operator) and additional specialties of 11H2C (Heavy Antiarmor Weapons Infantryman), and 11B2C (Infantryman).  He was promoted to SGT, effective 1 August 1981.  

2.  His DA Form 2A prepared on 16 August 1989 shows his grade as SGT.  Section II (Qualification Data), item 15 (“PROMOTION IND”) shows the code “P,” which indicates he was in a promotable status.  However, item 31 (Promotion Points – Current/Date) is blank.  

3.  On 6 June 1992, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-8 by reason of Fiscal Year 1992 Enlisted Voluntary Transition Program.  On the following day, he enlisted in the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve).  His DD Form 214 shows he was discharged in the rank and pay grade of SGT/E-5.  

4.  His service record does not contain any evidence which indicates he was promoted to SSG/E-6 or that he ever equaled or exceeded the cut-off score for his MOS before he was discharged on 6 June 1992.  

5.  Orders published on 6 December 1995 show he was discharged from the USAR on 5 August 1995 as a SGT.  

6.  He enlisted in the USAR on 1 June 2001 and reenlisted on 13 December 2006 in pay grade E-5.  

7.  Orders published on 4 September 2008 show he was involuntarily ordered to active duty on 26 October 2008 in support of Operation Iraqi Freedom for a period not to exceed 400 days.  These orders show his rank as SGT.

8.  On 20 December 2008, he submitted an IG action request to show he was promotable from SGT/E-5 to SSG/E-6 when he was activated on 26 October 2008.  The IG’s response is not available.

9.  He was released from active duty on 23 November 2009 in the rank of SGT and transferred to the USAR Control Group (Reinforcement).  

10.  He provided a self-authored statement in support of his claim in which he stated he:

* recently completed a tour in Iraq
* was attached to a National Guard unit and attempted to be promoted from SGT to SSG 
* joined the Reserves in August 1992 after completing 14 years of active duty with no break in service
* was asked to report to Fort Benning, GA on 26 October 2008 for further travel to Iraq after being disconnected from the active military for 17 years
* served in MOS 15P2O (Air Traffic Controller) 

11.  He also stated he:  

* should have been promoted effective 26 October 2008 (the date the orders were effective) when recalled to active duty based on Army Regulation 600-8-19 (Enlisted Promotions and Reductions)
* attempted to go to the promotion board while in Iraq, but funding became a concern
* met the time in service and time in grade requirements
* was recommended for promotion in the late 1980s 
* Human Resources Command-St. Louis required a recommendation for promotion prior to making him promotable

12.  In the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Promotions, Promotions Branch, U.S. Army Human Resources Command, Fort Knox, KY.  This office opined that the applicant’s request for promotion to SSG should be denied.  The opinion stated:  

	a.  Soldiers on promotion standing lists are removed from the standing list upon their release from active duty status.  

	b.  The applicant was released from active duty effective 6 August 1992; therefore, his release from active duty status would have precipitated his removal from said standing list.

	c.  Field-grade commanders, in units authorized a commander in the grade of lieutenant colonel or higher, have promotion authority to the grades of SGT and SSG.

	d.  Soldiers released from active duty status and assigned to the IRR must compete for promotions by Army Regulation 600-8-19, chapter 6, and/or the 
G-1 Personnel Policy Guidance for deployed Soldiers.  

13.  A copy of the advisory opinion was forwarded to him to allow him to provide comments or a rebuttal.  However, he did not respond within the allotted timeframe.  

14.  Army Regulation 600-8-19 governs the enlisted promotions and reductions function of the military personnel system.  Chapter 3 of this regulation governs semi-centralized promotions to SGT and SSG.  Promotion point cutoff scores are determined and announced monthly for each MOS on the basis of the scores reported by the field and the needs of the Army by grade and MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions in regard to him being promoted to SSG, effective 26 October 2008, are acknowledged.  However, the evidence of record does not indicate that an error or injustice exists in this case.  

2.  He served in the Regular Army from 5 July 1978 to 6 June 1992 and was promoted to SGT during this period.  

3.  Although his DA Form 2A shows he was in a promotable status, his service record is void of evidence which indicates he met the cut-off scores for his MOS or that he was ever promoted to SSG prior to his discharge on 6 June 1992.  

4.  He was ordered to active duty on 26 October 2008 in the rank of SGT and he held the rank of SGT until he was released from active duty on 23 November 2009.  His service record does not indicate he ever regained a promotable status or was promoted to SSG prior to his discharge from active duty on 23 November 2009.  Therefore, there is no basis for granting the requested relief.    

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)                                         AR20100012849





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ABCMR Record of Proceedings (cont)                                         AR20100012849



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