BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100015358 


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 date of rank (DOR) and effective date for promotion to the pay grade of E-7 be changed from 1 April 2009 to 1 February 2008.

2.  The applicant states his unit failed to submit his promotion packet in a timely manner.  A Standby Advisory Board (STAB) was held without informing him of the requirements to submit his original promotion packet for the STAB.

3.  The applicant provides an Inspector General (IG) Inquiry Memorandum, dated 
10 February 2008, and a Memorandum for Record, dated 1 July 2009.

CONSIDERATION OF EVIDENCE:

1.  At the time of this application, the applicant was serving in the U.S. Army Reserve (USAR) in the rank of sergeant first class (SFC), pay grade E-7, with a date of rank of 1 April 2009.

2.  An IG Inquiry Memorandum indicates that the 99th Regional Readiness Command (RRC) released a message announcing the 99th RRC Senior Enlisted Promotion Selection Board and the requirement to have promotion packets submitted to the 99th RRC no later than 26 November 2007.

3.  The IG inquiry further indicates that another Soldier responded to the message and explained that he and the applicant would be attending the Basic Noncommissioned Officer Course (BNCOC) from 3 November to 17 November 2007.  It was requested they be allowed to submit their packets without their DA Form 1059s (Service School Academic Evaluation Reports) in order to meet the suspense and that they be allowed to provide the 1059s immediately upon their return from BNCOC.  The official concurred with the request and informed them that as long as the forms were provided before the 19th of November, he would ensure they made it to the promotion packets before they were reviewed.

4.  The applicant departed to attend BNCOC from 3 November to 17 November 2007.  He returned to his unit on 18 November 2007 and emailed a copy of his DA Form 1059 for inclusion in his promotion packet.

5.  On 5 August 2008, an official in the IG office stated that in the applicant's case, after missing the November 2007 board he was subsequently notified of the June 2008 STAB but failed to provide updated Army Physical Fitness Test results and his height and weight.  Although his packet was complete for the November 2007 board, he cannot overlook the fact that if the applicant had updated Army Physical Fitness Test results and his height and weight, his packet would have been boarded in June 2008.  

6.  The applicant was promoted to SFC/E-7 effective 1 April 2009.

7.  In a Memorandum for Record dated 6 July 2009, the applicant's commander stated that in November 2007 the applicant submitted a promotion packet for SFC/E-7.  Sometime in early February, his company was notified that the promotion packet did not make it to the board on time.  An inquiry was submitted and the result was to conduct an investigation and to hold a STAB that would consider his promotion packet.  The decision included a provision that if the board approved his promotion, his promotion date would be back dated to the original board's date.  The STAB met but dismissed his promotion packet because certain documents were no longer valid; however, the provision of the STAB was that his promotion packet was to be looked in the original format submitted with no additional corrections to ensure a fair review.  The commander recommended the applicant's promotion date be back dated to the original selection board in 2007.

8.  In the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff, G-1, U.S. Army Reserve Command, Fort McPherson, GA.  The opinion states that according to the applicant, his promotion packet was completed and submitted through his chain of command in accordance with the board announcement but due to an administrative error, his promotion packet was not submitted to the board.  Due to this error, his promotion packet was to be reviewed by a STAB scheduled for June 2008.  The opinion further states the STAB results do not reflect the applicant's name or information indicating that his promotion packet was ever reviewed by the STAB.  He was promoted at a later date by the same promotion convening authority that conducted the STAB and based on this information, they recommend full relief by adjusting his DOR and effective date of promotion to the original promotion board of 1 February 2008.

9.  The advisory opinion was forwarded to the applicant for his acknowledgement and/or rebuttal.  No response was received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOR should be adjusted to 1 February 2008 because his chain of command failed to submit his promotion packet to higher headquarters in time has been carefully considered.

2.  The evidence shows he complied with what was required of him to ensure he would be considered by the December 2007 selection board.  However, for reasons that are not clearly explained by either the chain of command or the IG investigation, his promotion packet was delayed and rejected by the RRC because it was not received by the established suspense date and, as a result, he was denied the opportunity to compete for promotion.

3.  Therefore, it would be in the interest of justice to correct his records to show he was promoted to pay grade of E-7 effective 1 February 2008 with a DOR of 
1 February 2008 instead of 1 April 2009 and to pay him all back pay and allowances he is due from 1 February 2008.

BOARD VOTE:

__x_____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to the pay grade of E-7 effective 1 February 2008, with a DOR of 1 February 2008 and entitlement to all back pay and allowances.




      _______ _  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)                                         AR20100015358



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ABCMR Record of Proceedings (cont)                                         AR20100015358



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