BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110004097
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 records to show he was promoted to pay grade E-5 before he retired.
2. The applicant states he believes he should have been promoted before he was separated.
3. The applicant provides a letter, dated 22 February 2011.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was born on 7 May 1965. With 3 years and 10 months of prior active Regular Army service and 2 years, 8 months, and 29 days of prior Reserve Component service, the applicant enlisted in the Maine Army National Guard (MEARNG), on 14 April 1990, in pay grade E-3. He was promoted to pay grade E-4 on 5 August 1991.
3. The applicant was discharged from the MEARNG, on 4 June 2002, in pay grade E-4. He was assigned to the U.S. Army Reserve Control Group (Reinforcement) on 5 June 2002.
4. The applicant was transferred to the Retired Reserve, on 1 June 2006, in pay grade E-4.
5. The applicant submits a letter in which he again states he believes he should have been promoted to pay grade E-5 prior to discharge.
6. During the processing of this case an advisory opinion was obtained from Headquarters, U.S. Army Reserve Command, Deputy Chief of Staff (DCS), G-1 who recommends denial of the applicants request. The DCS, G-1 states the Army Reserve has no record of the applicant ever being considered and recommended for promotion. However, had he been on the promotion list their records indicate he would have been removed from the recommended list prior to retirement as a result of his failures of the Army Physical Fitness Test (AFPT) starting in October 2004. The DCS, G-1 states that no documentation can be located to establish the APFT failures were the result of a medical condition.
7. A copy of the advisory opinion was forwarded to the applicant on 1 September 2011. To date, there has been no response from the applicant.
8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the objectives of the Armys enlisted promotions system, which include filling authorized enlisted spaces with the best qualified Soldiers. Further, this system provides for career progression and rank that are in line with potential and for recognition of the best qualified Soldier, which will attract and retain the highest caliber Soldier for a career in the Army. Additionally, the system precludes promoting the Soldier who is not productive or not the best qualified, thus providing an equitable system for all Soldiers.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. The letter he submits has been considered.
2. There is no evidence that the applicant was ever considered and recommended for promotion to pay grade E-5.
3. As stated in the advisory opinion had he been on a promotion list he would have been removed from the recommended list prior to retirement due to failure of the APFT starting in October 2004. No evidence was located to establish the APFT failures were a result of a medical condition.
4. The fact that he believes he should have been promoted prior to separation is not a sufficient justification for amending his records to show he was promoted to the pay grade of E-5.
5. In view of the foregoing, the applicant 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) AR20110004097
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110004097
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002904
The applicant requests correction of his records to show he was placed on the Retired List in the highest grade in which he served. The applicant served on active duty as a commissioned officer for 5 years, 10 months, and 5 days and was REFRAD in the rank of CPT. The highest grade the applicant held on active duty was CPT; however, he was placed on the Retired List in the pay grade of E-8 instead of the rank of CPT.
ARMY | BCMR | CY2012 | 20120018187
The applicant requests: a. correction of his DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) for the period September 1994 through June 1999 to show he passed the Army Physical Fitness Test (APFT); b. an explanation as to why he was not medically retired in 1994 if he was not promotable; and c. reevaluation of his promotion status. In each instance the applicant verified that his height, weight, and APFT entries were correct and that he was aware of the appeals process...
ARMY | BCMR | CY2011 | 20110019879
Prior to 7 January 2011, all warrant officer Federal recognition appointments and promotions were approved by the Secretary of the Army. An ARNG information paper, dated 9 August 2011, subject: Warrant Officer Federal Recognition Scroll 01-11 Status and Update for Scrolls 02-11 through 10-11, states the DOR will not be retroactive to the DOR on the State promotion orders. The delay in the applicant's promotion resulted from a statutory change in the procedures for the promotion of warrant...
ARMY | BCMR | CY2014 | 20140009395
It also confirms she held the rank and grade of SGT/E-5. The NGB Form 22 is a document that records a member's service in the ARNG. Lacking any evidence to show the applicant held the rank of SSG/E-6 at the time of her retirement from active duty or to show she satisfactorily served in this rank during her enlistment, there is no basis for granting the applicant's requested relief.
ARMY | BCMR | CY2014 | 20140015492
She could not pass the APFT and never had. In order to be eligible for promotion to SGT, a Soldier must have a passing APFT score among other requirements and any previously-initiated flag must have been lifted from his or her record. ____________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.
ARMY | BCMR | CY2009 | 20090018738
The memorandum from the Chief of Staff, MEARNG, to the applicant's MOC, dated 25 February 1987, states: Unfortunately, we will not be able to extend the enlistment of [applicants name] as he and his unit commander requested. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay - Non Regular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application...
ARMY | BCMR | CY2012 | 20120011219
Counsel requests: * the applicant's records be submitted to an Army Standby Advisory Board (STAB) for consideration for promotion to sergeant first class (SFC)/E-7 * if the applicant is selected, he be promoted to SFC/E-7 with the date of rank (DOR) he would have received had he been selected by the Fiscal Year 2011 (FY11) Senior Enlisted Promotion Board * the applicant be paid back pay and allowances from the date he would have been promoted had he been selected by the FY11 Senior Enlisted...
ARMY | BCMR | CY2014 | 20140021347
The USAR boards convened August 2009 and January 2010. c. The advisory official's statement implies that the applicant's promotion packet, along with the APFT, was not boarded because he had not attended the SMC before turning age 55. To imply that a Soldier cannot attend or complete the SMC because of being age 55 should be a concern for the U.S. Army especially when there is a regulation which states that a Soldier may continue his duties to the military until age 60, or with a waiver to...
ARMY | BCMR | CY2012 | 20120019167
The applicant's military service records contain an NGB Form 22 showing he was honorably discharged from the MEARNG and transferred to the Retired Reserve effective 1 March 2008. Orders 322-17, U.S. Army Physical Disability Agency, dated 18 November 2010, show the applicant was removed from the TDRL and discharged from the service with severance pay due to permanent physical disability in the rank of SSG with a disability rating of 20 percent effective 1 September 2008. As a result, the...
ARMY | BCMR | CY2014 | 20140005375
The applicant provides copies of the following: * five Selection of Retention under Army Regulation 135-205 (Army National Guard and Army Reserve Enlisted Personnel Management) memoranda * Selection of Retention under National Guard Regulation 635-102 memorandum * Findings of Medical Fitness memorandum * four DA Forms 2166-8 (Noncommissioned Officer Evaluation Report) Orders Number 151-327 and 345-665 * NEARNG Enlisted Promotion List * Nonselection for Continued Unit Participation...