BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100013841
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 records to show he was promoted to pay grade E-6 and he was placed on the Retired List in that grade.
2. The applicant states he passed the Basic Noncommissioned Officers Course (BNCOC) and all Army Physical Fitness Tests (APFT), and met the weight standards. Shortly thereafter, he was diagnosed with service-connected Post-Traumatic Stress Disorder (PTSD) and he was assigned to the U.S. Army Reserve (USAR) Control Group, where he stayed until his placement on the Retired List.
3. Since he met the criteria for promotion, he believes he should have been promoted in the USAR Control Group.
4. The applicant provides a copy of one page of a military physical examination, dated 20 February 1990, which shows he suffered from chronic depression which required daily antidepressant and frequent psychiatric outpatient counseling. In this examination it was stated that the applicant was medically qualified for retention.
CONSIDERATION OF EVIDENCE:
1. The applicant's Official Military Personnel File (OMPF) on the interactive Personnel Electronic Records Management System (iPERMS) has only three documents filed. However, these documents along with a letter to the applicant's elected representative are considered sufficient to consider the applicant's request.
2. In the letter to the elected representative from the Chief, DA Promotions, U.S. Army Human Resources Command, St. Louis, MO (HRC-STL), it stated the applicant was transferred to the Individual Ready Reserve (IRR) (a USAR Control Group) on 28 December 1987 and remained assigned to the IRR until
13 May 1997 when he was transferred to the Retired Reserve. The applicant did not participate in any training while assigned to the IRR and did not take any correspondence courses in order to earn retirement points.
3. The HRC STL official continued that Army Regulation 140-158 (Enlisted Personnel Classification Promotion, and Reduction) stated that in order to be promoted while assigned to the IRR a Soldier must participate satisfactorily, earning a minimum of 27 retirement points in the retirement year immediately preceding the year of consideration for promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's stated qualifications for promotion (completion of BNCOC, passing all APFTs, and meeting the weight standards) cannot be determined due to a lack of records.
2. However, the HRC-STL official has verified that the applicant did not participate in any training while in the IRR, and states that, by regulation, a prerequisite for promotion in the IRR is satisfactory participation.
3. In view of the fact that the applicant did not satisfactorily participate in any training in the IRR or take any correspondence courses (earn at least 27 retirement points a year) he was properly not promoted to pay grade E-6. Therefore, there is no basis for granting the applicant's 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) AR20100013841
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ABCMR Record of Proceedings (cont) AR20100013841
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