IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100016135
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 to staff sergeant at his retirement.
.
2. The applicant states that after serving 20 years in the Army National Guard as a sergeant he should have been promoted upon retirement. He claims that all of the six promotions were in the lower brass, woodwind, and percussion sections. There were no slots open in the upper brass which was his section of the 287th Army Band.
3. The applicant provides copies of:
* his evaluation reports between 1987 and 2007
* Enlisted Promotion Point Worksheets for the periods 1998, 1999, and 2007, which were not signed or processed
* certificates and academic evaluation reports reflecting completion of the Primary Leadership Development Course and the Basic Noncommissioned Officer Course for Reserve Components, Phase I, Common Core
* several letters and certificates attesting to his soldierly qualities
* evaluation reports for the periods December 1995 through November 1996, December 1999 through November 2000, December 2000 through November 2001, and 1 December 2005 through 30 November 2006
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Delaware Army National Guard on
18 September 1987, he completed training, and was awarded military occupational specialty 02B (Trumpet Player). The highest rank he held was sergeant/E-5.
2. On 7 September 2007, he requested transfer to the Retired Reserve effective
24 September 2007. He also requested to retire in the next higher grade of E-6.
An NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) was issued which announced his discharge and transfer to the Retired Reserve effective 24 September 2007.
3. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures for the promotion of enlisted personnel.
a. Qualified Soldiers are promoted to fill vacancies in units and not simply because they are qualified.
b. Concurrent with separation from the ARNG and transfer to the Retired Reserve or placement on the Retired List, Soldiers will be promoted to the highest enlisted grade satisfactorily held, provided they were not reduced for misconduct or inefficiency.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be promoted to the next higher grade at his retirement as he served over 20 years and was highly qualified.
2. There is no provision to promote a Solider at his retirement unless he has previously held the higher rank successfully. There is no record available that the applicant ever held the rank of staff sergeant.
3. There is no available evidence to indicate that a vacancy existed in his unit that would have enabled the applicant to be promoted. In fact, he states that there were no vacancies in his section of the band.
4. When the applicant's retirement application was approved he went into a non promotable status and could not be promoted.
5. In view of the foregoing, 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) AR20100012999
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ABCMR Record of Proceedings (cont) AR20100016135
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