IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100018444


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, in effect, an adjustment of his date of rank (DOR) to SGT/E-5 to 15 June 2009 with entitlement to all back pay and allowances. 

2.  The applicant states:

	a.  his chain of command assured him he would be promoted to the pay grade of E-5 with back pay;

	b.  he reenlisted in the U.S. Army Reserve (USAR) in the rank of specialist four (E-4) 1 year ago after a 10-year break in service, and he chose to reenlist as a drill sergeant in hopes of bringing his life experiences to new recruits;

	c.  he was informed he would be required to complete a 2-month drill service course in order to be qualified to fill a vacancy slot in the unit;

	d.  after returning from the Warrior Leadership Course (WLC), his promotion packet was assembled and presented to the promotion board on 15 June 2009, and he was approved for promotion;

	e.  his next mission was to complete Drill Sergeant School (DSS) and his unit obtained a slot for him to attend with a start date of 24 January 2010;



	f.  he told his unit commander he was mission ready and capable to complete DSS but it would create a financial hardship on his family to be activated for 
2 months while he was only receiving E-4 pay;

	g.  his command assured him that if he attended school his pay issues would be resolved.  In good faith he attended school and secured personal loans in excess of $2,500 to provide for his family until his pay issue was straightened out;

	h.  he completed the course and he spent approximately $800.00 on cold weather gear and other miscellaneous items that should have been issued to him by his unit;

	i.  after returning to his unit he was told his promotion packet was being resubmitted which would put his promotion date back almost 1 year later than it should have been.  He was also told he would not be entitled to any back pay; and

   j.  he enjoys being a drill sergeant; however, he does not enjoy the hardship it has created due to what he believes was a failure by his unit.

3.  The applicant provides a self-authored letter, dated 31 March 2010; promotion orders dated 29 June 2010; reassignment orders, dated 29 June 2010; DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 23 August 1999; transition orders, dated 23 June 1999; reassignment orders, dated 9 June 1999; his Enlistment/Reenlistment Document Armed Forces of the United States; his Promotion Point Worksheet, dated 1 June 2009; his Promotion Packet Composition, Elections and Preferences Form; his Unit Administrative Review; his Promotion Consideration Statement; and email between him and numerous USAR officials.

CONSIDERATION OF EVIDENCE:

1.  With prior service in the Regular Army and the Army National Guard, the applicant enlisted in the USAR on 6 December 2008, in the pay grade of E-4.  

2.  His Selected Reserve Incentive Program – USAR Prior Service Enlistment Bonus Addendum shows he contracted to serve in a USAR Selected Reserve Troop Program Unit (TPU) as a drill sergeant.  His Certificate of Acknowledgment USAR Service Requirements and Methods of Fulfillment shows the TPU in which he enlisted was Detachment 1, 2nd Battalion, 330th Regiment, for a unit vacancy in Military Occupational Specialty (MOS) 11B (Infantryman).  

3.  The applicant completed the WLC on 2 May 2009 and his promotion consideration packet was completed on 1 June 2009.

4.  Email correspondence submitted by the applicant shows he was recommended for promotion by a Junior Promotion Board on 7 June 2009.

5.  The applicant's records show he completed the Drill Sergeant Course on 20 March 2010.

6.  On 29 June 2010, Headquarters, 88th Regional Support Command Orders 10-180-00183 were published releasing him from Detachment 1, 2nd Battalion, 330th Regiment and assigning him to the 377th Combat Support Company, 2nd Platoon, effective 1 August 2010.  These orders show the reassignment was based on his acceptance of a promotion into that position/unit.

7.  On 29 June 2010, Headquarters, 88th Regional Support Command Orders 10-180-00182 were published awarding him MOS 91H2O (Optical Laboratory Specialist) and promoting him to the pay grade of E-5, effective 1 July 2010.  These orders state the promotion was not valid and would not be effective if he was not in a promotable status on the effective date of the promotion.  The orders also state that by accepting the position, he understood he must report for duty in the position to which he was promoted, comply with the reassignment order, if issued, and serve at least 12 months in the duty position "WSM9A2, POSN 0310, PARA/LIN 108/05" before voluntary reassignment to another TPU.

8.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), chapter 5 prescribes policy and procedures for promotion to SGT and staff sergeant (SSG). It states to standardize promotion qualification throughout the Army Reserve and to ensure promotion of the best qualified Soldiers, recommendation by a promotion selection board and placement on a permanent recommended promotion list is required for all promotions to SGT and SSG.  It further states the following:

	a.  All specialists, corporals, and sergeants who meet the basic eligibility requirements cited in paragraph 5–7 (Eligibility for Promotion Selection Board Consideration) of this regulation may be recommended for promotion selection board consideration by their commander;

	b.  The promotion selection board will consider Soldiers recommended for promotion and select fully qualified Soldiers for placement on the permanent recommended promotion list using a promotion point scoring system prescribed by this section without regard to position vacancies;

	c.  Soldiers will be promoted in their recommended MOS sequentially from the list to fill TPU duty position vacancy requirements in accordance with this regulation; and 

	d.  Promotions off the permanent recommended promotion list will not exceed the cumulative vacancies for that pay grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and his supporting documents have been considered.  However, there is no evidence in the available records showing he was in a promotable status in June 2009.

2.  His records show that at the time he enlisted in the USAR he was assigned to Detachment 1, 2nd Battalion, 330th Regiment, in MOS 11B.  His records also show that he was not reassigned to the 377th Combat Support Company, 2nd Platoon until 1 August 2010.  The orders were published on 29 June 2010 and they show the reassignment was based on his acceptance of a promotion into that position/unit.

3.  He was awarded MOS 91H2O and promoted to the pay grade of E-5 effective 1 July 2010.  These orders were also published on 29 June 2010. 

4.  The fact that he was considered and recommended for promotion in June 2009 is not a sufficient basis for adjusting his date of promotion.  His name was placed on a promotion list using a promotion point scoring system prescribed by Army Regulation 600-8-19.  He was promoted sequentially based on his MOS and the number of vacancies for his pay grade.

5.  The available evidence suggests that he was not in a promotable status until he accepted his assignment in the 377th Combat Support Company, 2nd Platoon.  Therefore, 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.

ABCMR Record of Proceedings (cont)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100018444



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