IN THE CASE OF:	 

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100025190 


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 record be corrected to show:

* he was promoted to master sergeant (MSG)/E-8
* his regimental affiliation was changed from armor to infantry so he can qualify for the Expert Infantryman Badge

2.  The applicant states he was promoted to the rank of E-8 and that either due to discrimination or an error he was denied such promotion.  He completed
25 years of service, and served in multiple deployments through 12 conflicts and 
4 presidents.  He believes he has earned the Expert Infantryman Badge without regard to his military occupational specialty (MOS).

3.  The applicant provides:

* A letter from the Commanding General (CG), 82nd Airborne Division
* ATZK-DPT Form 4553 (End of Course Test)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 10 February 1984 and held MOS 94B (later redesignated 92G) (Food Service Specialist).  He served through multiple reenlistments, in staff or leadership positions, within and outside of the continental United States, and he was promoted to staff sergeant/E-6 on 1 January 1993.
2.  He submitted a General Officer (GO) letter, dated 15 September 1997, signed by the CG, 82nd Airborne Division, congratulating him on his selection for promotion to MSG.

3.  On 13 August 1998, the U.S. Total Army Personnel Command (now known as the U.S. Army Human Resources Command or HRC) published Orders Number 255-24 announcing his promotion to sergeant first class (SFC)/E-7 effective 1 September 1998.

4.  On 6 May 2004, while assigned to Headquarters and Service Company, 3rd Military Intelligence Battalion, Korea, he was reprimanded by the CG, 19th Theater Support Command for driving a privately owned vehicle while drunk.

5.  On 29 February 2008, he was retired and placed on the retired list in the retired rank/grade of SFC/E-7 on 1 March 2008.  He completed 24 years and 
11 months of creditable active service.

6.  There are no official orders in his records that show he was promoted to MSG, or awarded the Expert Infantryman Badge, or that he held an infantry MOS.

7.  He also submitted an undated End of Course Test that shows he completed various common test tasks.

8.  On 24 February 2011, an advisory opinion was obtained in the processing of this case.  An official at HRC, Fort Knox, KY, stated that after extensive research by his office, it was determined that there is no evidence to support the applicant's contention that he was selected for and ultimately denied promotion to MSG.  Further, the applicant did not provide any supporting evidence with his application to show he was promoted to MSG.

9.  He submitted a rebuttal in which he stated that he presented a promotion instrument, signed by a General Officer, to support his promotion to E-8.  Additionally, the advisory opinion fails to address why there was a delay in his promotion and that the Board should reject the advisory opinion and promote him to MSG.

10.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Chapter 4 provides the rules and steps for managing the Centralized Promotion System to SFC, MSG, and SGM (sergeant major).  The Commander, HRC, promotes Soldiers to the grades of SFC, MSG, and SGM.  HRC will determine and announce the total number of promotions to SFC, MSG, and SGM on a monthly basis.  The promotion certificate is not the official instrument for promotion.  The promotion instrument is the DA Form 4187 (Personnel Action) for junior Soldiers and the order for sergeants through SGM.  The promotion order will be used as the source for grade, effective date, and date of rank for all record and pay purposes.  A promotion is effective as of the date on the promotion instrument.  

11.  Army Regulation 600-8-22 (Military Awards) states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

12.  Army Regulation 600-82 (the U.S. Army Regimental System) provides policy and guidance for the management of the U.S. Army Regimental System (USARS).  It applies to the Active Army and the U.S. Army Reserve:

	a.  Chapter 3 states combat arms will include air defense artillery, armor, aviation, cavalry, field artillery, infantry, and special forces regiments.  Combat arms Soldiers may affiliate with any of the combat arms regiments consistent with their primary military occupational specialty (PMOS), specialty code, special qualification identifiers (SQI), or additional skill identifiers (ASI).

	b.  Chapter 4 states the combat support (CS), combat service support (CSS), and special branch regimental plans fully integrate the CS, CSS, and special branches into the USARS under the "whole branch" concept.  All CS, CSS, special branches and engineer officers and enlisted Soldiers will be automatically affiliated with their corps or special branch upon graduation from the branch or MOS producing schools, or upon award of a CS, CSS, special branch or engineer PMOS.  Regimental affiliation is based on a Soldier’s branch as determined by PMOS or specialty.  CS, CSS, and special branches officers and enlisted Soldiers may not change their affiliation unless they change their branch MOS which removes them from the corps or special branches of affiliation.  CS, CSS, and special branch officers and enlisted Soldiers (with the exception of GOs, colonels, master warrant or chief warrant officer four, and command sergeants major) cannot affiliate with a combat arms regiment even if they have previously served in those regiments in a combat arms branch or MOS.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be promoted to MSG/E-8 and be regimentally affiliated with an infantry MOS so he may earn the Expert Infantryman Badge.

2.  With respect to his promotion to MSG, the evidence of record shows the applicant was promoted to SFC on 1 September 1998.  Although the CG, 82nd Airborne Division issued him a congratulatory letter on 15 September 1997 and addressed him as a MSG this letter incorrectly listed his rank.  He was still a SSG at the time and it appears he could have been selected for promotion to SFC.  There is no evidence in his records and he failed to provide evidence that shows he was selected for or promoted to MSG/E-8.  Therefore, he is not entitled to the requested relief.

3.  With respect to the Expert Infantryman Badge, the evidence of record shows the applicant held a food service specialist MOS.  There is no evidence in his records and he failed to provide any evidence that shows he held an infantry MOS or a special forces MOS.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.  He did not.  Therefore, he is not entitled to this award.

4.  The applicant held a food service specialist MOS.  By regulation, CS, CSS, and special branch officers and enlisted Soldiers (with the exception of general officers, colonels, master warrant or chief warrant officer four, and command sergeants major) cannot affiliate with a combat arms regiment even if they have previously served in those regiments in a combat arms branch or MOS.  Therefore, he is not entitled to the 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)                                         AR20100025190



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ABCMR Record of Proceedings (cont)                                         AR20100025190



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