IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20100025637 


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 her record to backdate her promotion to sergeant (E-5) to 1 February 2010 and adjustment of her pay retroactive to that date.

2.  The applicant states she was selected for promotion by the 15 January 2010 promotion board, but her military occupational specialty (MOS) was misstated by the promotion board.  Her case was submitted to her higher authority several times, but nothing was ever corrected.  More recently, on 30 April 2010, she was denied promotion because she was serving in an E-6 position rather than an E-5 position.

3.  The applicant provides the following in support of her request:

	a.  numerous documents specifically related to her promotion case, including:

* a 15 November 2009 letter from her company commander stating her MOS was 21U and she was assigned and deployed in an MOS 21U position
* another 15 November 2009 letter from her company commander stating that MOS 21U had recently been re-designated as MOS 21Y and the applicant was in an MOS 21Y position
* a DA Form 3355 (Promotion Point Worksheet), dated 20 November 2009, showing the applicant had attained the minimum required points and been recommended by the board on 9 January 2010
* a 1 December 2009 letter from her company commander stating the applicant could not sign the worksheet because she was deployed

b.  general service record documents, including:

* a DA Form 2A (Personnel Qualification Record)
* a DA Form 2-1 (Personnel Qualification Record ) showing advanced individual training (AIT) and U.S. Army Reserve (USAR) service in MOS 25U (Signal Support Systems Specialist) from December 2005 to July 2006 and AIT in MOS 21U (Topographic Analyst) from March to September 2007
* a DA Form 705 (Army Physical Fitness Test Scorecard)
* a DA Form 5790-R (Record Firing Scorecard)
* a DA Form 4187 (Personnel Action) advancing her to pay grade E-4 on 19 January 2007
* Advancement Eligibility Status roster, dated 27 December 2006, showing she was promotable in MOS 25U on 7 January 2007
* Orders 08-364-00004, dated 29 December 2008, changing her primary MOS to 21U and making 25U her secondary MOS
* a 23 November 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty) for initial active duty for training (IADT)
* a 5 February 2009 DD Form 214 showing her primary MOS as 25U
* a DD Form 214 showing the applicant was mobilized between 15 June 2010 and 2 July 2011 in MOS 21Y (Geospatial Engineer)

c.  service record documents, including:

* a diploma and certificate for completion of the Basic Topographical Analyst Course from 8 March through 26 July 2007
* a diploma and certificate for completion of the Remotely Sensed Imagery Course in October 2007
* a Basic Combat Training Record from June 2005

d.  other service record documents, including:

* a certificate, citation, and orders for the Joint Service Achievement Medal awarded to the applicant on 21 November 2008 for her work as a topographic analyst
* a DA Form 638 (Recommendation for Award ) and citation for the Army Achievement Medal for her work as a topographic analyst in support of the 29th Infantry Division in September 2009
* a certificate of appreciation for December 2008 from the 52nd Air Defense Artillery
* a certificate of appreciation for November 2008 from the Combined Security Transition Command, Afghanistan
* a certificate for deployment to Southwest Asia from January to December 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR in January 2005 and completed IADT in MOS 25U.

2.  She served in that MOS until March 2007 when she retrained in MOS 21U.

3.  The applicant was mobilized with her unit from 29 September 2007 to February 2009.  Although her DD Form 214 shows her MOS as 25U, the various citations and certificates show she was serving as a topographic analyst.

4.  A 20 January 2010 promotion board considered her for promotion in MOS 21U, found that she had attained the minimum number of points, and recommended her for promotion.

5.  A third DD Form 214 shows the applicant was again mobilized in support of Operation Enduring Freedom between 15 June 2010 and 2 July 2011.

6.  An exchange of email messages referring to the applicant's promotion includes:

* a 25 August 2010 email from her command sergeant major noting that the requirement for an appropriate pay grade position does not apply to Reserve Component Soldiers who are mobilized
* mid-September 2010 messages referring to publishing a position vacancy announcement

7.  An advisory opinion from the U.S. Army Reserve Command relates that:

   a.  the applicant was selected for promotion by a local board on 15 January 2010;

	b.  her command mistakenly requested her promotion in MOS 25S;

   c.  the error was corrected on 27 July 2010; however, no vacancy was available until 8 September 2010; and

   d.  the applicant was authorized promotion on 1 October 2010.

8.  The advisory opinion also points out that although none of the delays were the applicant's fault, there is no regulatory provision for backdating her promotion.  It also notes that if the unit had acted correctly, the applicant could have been promoted on 1 February 2010.

9.  The advisory opinion was provided to the applicant for her comment or rebuttal.  She indicated she had nothing to add.

10.  Department of the Army Personnel Policy Guidance for Overseas Contingency Operations, dated 1 July 2009 and last updated 4 August 2011, paragraph 13-9a(4), applies to Army Reserve troop program unit Soldiers serving on active duty for operational support (ADOS) – formerly contingency operations-extended active duty and extended active duty – tours for 12 months or more.  Soldiers serving on ADOS for 12 months or more will be considered by their home of record convening authority, incorporated on the Permanent Promotion Recommended List, and promoted by the applicable Regional List Manager.  ADOS Soldiers on a recommended list are identified for promotion in list sequence when a valid vacancy becomes available.  The position is neither reserved, nor is the Soldier obligated to fill the vacancy.  Upon release from active duty (REFRAD) from ADOS, the Soldier is subject to the overstrength policy and must find a valid position in the promoted grade within 1 year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant believes she was fully qualified and should have been promoted on 1 February 2010.  None of the delays were her fault.

2.  The applicant was mobilized from 15 June 2010 to 2 July 2011 for ADOS.  Notwithstanding the advisory opinion, the requirement to be appropriately assigned in an authorized position based on her pay grade and MOS did not apply.  She was fully promotable on 15 June 2010 and has 12 months from 2 July 2011, her REFRAD date, to find an appropriate position.

3.  The applicant's date of rank to sergeant (E-5) should be corrected to 15 June 2010 and her pay should be retroactively adjusted.  Any relief in the form of an earlier date of rank should be denied at this time.

4.  Should evidence become available to show the applicant was serving in a pay grade E-5 position in her MOS before 15 June 2010, she may request reconsideration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing her date of rank and effective date of promotion as a sergeant to 15 June 2010 and adjusting her pay accordingly.

2.  The evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application as pertains to changing her date of rank as a sergeant to anything earlier than 15 June 2010.



      _____________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)                                         AR20100025637



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ABCMR Record of Proceedings (cont)                                         AR20100025637



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