IN THE CASE OF:	  

		BOARD DATE:	     9 June 2011

		DOCKET NUMBER:  AR20100019552 


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 military records to show he was promoted to sergeant, pay grade E-5.

2.  The applicant states, in effect, that a series of errors prevented his promotion which were due to no fault of his own.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  At of the time of his application, he was serving as a specialist/pay grade E-4 in the 411th Civil Affairs (CA) Battalion, U.S. Army Reserve (USAR), located in Danbury, CT.

2.  On 6 September 2002, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 14E (Patriot Fire Control Operator).  He attained the rank of specialist/pay grade E-4.

3.  On 5 September 2006, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement).

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) indicates:

	a.  in item 17 (Civilian Education and Military Schools) that he completed 4 weeks of training as a civil affairs specialist in 2008 and

	b.  in item 34 (Record of Assignments) that he was assigned on 21 March 2008 to the 411th CA Battalion for duty in MOS 14E.

5.  On 21 April 2009, the applicant wrote a letter to the President of the Promotion Board, wherein, he stated that in December 2008 an official from the U.S. Army Human Resources Command (HRC) informed him that HRC had received his request to change his primary MOS from 14E to 38B (Civil Affairs Specialist).  However, HRC was unable to grant his request because 14E was a far greater shortage MOS than was 38B (also a shortage MOS).  He was also denied the option of adding MOS 38B as a secondary MOS because he could not hold more than one shortage MOS.  He was told to wait until Summer 2009 and reapply for a change of MOS.

6.  On 24 April 2009, a promotion board convened to consider the applicant for promotion to sergeant/pay grade E-5 in MOS 14E.  The applicant was subsequently recommended for promotion and placed on the recommended list (corrected copy) in MOS 14E with 411 points [after point recalculation in March 2010 due to errors of omission].

7.  Orders 09-225-00012, U.S. Army Civil Affairs and Psychological Operations Command, Fort Bragg, NC, dated 13 August 2009, withdrew the applicant's primary MOS 14E and awarded him the new primary MOS 38B with a secondary MOS 14E effective 13 August 2009.

8.  In the processing of this case, an advisory opinion was obtained from the Army Reserve G-1, USAR Command, Fort McPherson, GA.  The opinion recommended:

	a.  that the applicant be promoted to sergeant/E-5 with a date of rank of 1 June 2009;

	b.  that the applicant had completed the MOS 38B training course prior to being considered and recommended for promotion in MOS 14E;

	c.  that the applicant was subsequently awarded MOS 38B;

	d.  that if the issue of his MOS and point calculation errors had been resolved prior to the board, he could have been promoted with an effective date and date of rank of 1 June 2009;

	e.  that the applicant's point recalculation did not occur until March 2010;

	f.  that the applicant remain on the recommended list in MOS 14E; and

	g.  that had there been no errors, the applicant could have been promoted without regard to a vacancy based on the policy in effect until 30 September 2009.

9.  On 5 April 2011, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut.  No response was received.

10.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states:

	a.  A Soldier will normally be recommended for and considered for promotion in his or her primary MOS.  However, a Soldier may also be considered for promotion in a secondary MOS or an additional MOS.

	b.  Soldiers who must be retrained in a new MOS as a result of unit reorganization, relocation, or inactivation may be considered eligible for promotion.  This exception is based on qualification in the former primary MOS and provided the Soldier enrolls within 12 months following assignment in the duty position and satisfactorily participates in an approved formal course of instruction leading to the award of the MOS within 24 months of assignment to the duty position.  A Soldier will be removed from the recommended list or reduced to the previous grade if not qualified in the new MOS within 24 months of assignment to the duty position.

	c.  A Soldier on the recommended list who is voluntarily or involuntarily reclassified for other than loss of qualification or misconduct will retain recommended list status.  He or she may be promoted from the list in the new MOS in the proper sequence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his military records should be corrected to show he was promoted to sergeant/pay grade E-5 because of errors that prevented his promotion which were not his fault.

2.  The evidence clearly shows the applicant retained his primary MOS 14E when he was transferred to the USAR in September 2006.  In 2008, he completed civil affairs training and subsequently requested an MOS change to 38B.

3.  In April 2009, the applicant was considered and recommended for promotion in primary MOS 14E, the only MOS he held at the time.  In August 2009, his primary MOS was changed to 38B and 14E became his secondary MOS.  At that time, his promotion list status should have been changed to show his recommended MOS as 38B.  Furthermore, based on this MOS change, he could have been promoted to sergeant/pay grade E-5 effective 1 June 2009, provided he met all other promotion criteria.

4.  In March 2010, the applicant's promotion points were recalculated to correct the omission errors.

5.  The advisory opinion states, in essence, that had the applicant's promotion point calculation been correctly computed at the time of the board and based on the lifting of the vacancy requirement for promotion, the applicant would have been promoted to sergeant/pay grade E-5 with an effective date and date of rank of 1 June 2009.

6.  In view of the above, the applicant's request should be granted.

BOARD VOTE:

__X____  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  showing he was promoted to sergeant/pay grade E-5 with an effective date and date of rank of 1 June 2009 and



	b.  paying him any monies due as a result of this correction.



      _______ _  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)                                         AR20100019552



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ABCMR Record of Proceedings (cont)                                         AR20100019552



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