IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110004195
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was promoted to the rank/grade of sergeant (SGT)/E-5, effective 15 March 2007, and payment of $8,629.66 in back pay and allowances.
2. The applicant states he served for over 4 years and did not receive a single promotion, despite serving in positions of responsibility of someone of higher rank. As a result, he has been stigmatized as a poor Soldier and he has had to endure maltreatment.
3. The applicant provides:
* a 6-page summary of his application
* his DD Form 214
* a summary of his estimated monetary losses
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in Brooklyn, NY on 15 September 2005 in the rank/grade of specialist (SPC)/E-4 for a period of 4 years and
21 weeks; airborne, infantry, and ranger training; a $19,000.00 cash enlistment bonus; and the Loan Repayment Program.
2. He completed his one-station unit training at Fort Benning, GA and he remained at Fort Benning until March 2006 when he was transferred to a Ranger company at Fort Lewis, WA. He deployed to Iraq on three occasions totaling
14 months and one deployment to Afghanistan for 5 months.
3. On 8 February 2010, he was honorably released from active duty (REFRAD) in the rank/grade of SPC/E-4 due to completion of required active service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 4 years, 4 months, and 24 days of creditable active service.
4. A review of his official record failed to show any indication that the applicant held promotion list standing for promotion to pay grade E-5 at any time during his active service. There is also no indication that he completed Ranger training. Furthermore, there is no indication in his enlistment contract guaranteeing promotions of any kind.
5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) serves as the authority for the promotion of enlisted personnel. It provides that the objective of the Armys Enlisted Promotions System is to fill authorized enlisted spaces with the best qualified Soldiers. It provides for career progression and rank that is in line with potential, recognizing the best qualified Soldier that will attract and retain the highest caliber Soldier for a career in the Army. Additionally, it precludes promoting Soldiers who are not productive or not best qualified, thus providing an equitable system for all Soldiers. All promotions from the pay grade of E-2 to E-6 require a written favorable recommendation by the unit commander.
6. Paragraph 3-6 of that regulation (Special Promotion Categories) provide that Rangers on a promotion to sergeant recommended list, provided otherwise qualified, will be promoted on the first day of the second month following graduation date or board appearance, whichever is later.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that he should have been promoted to the rank/grade of SGT/E-5 on 15 March 2007 have been noted and appear to lack merit. While the applicant claims he should have been promoted on 15 March 2007, which was his 18 month time in service point, he has not provided any evidence to show he should have been promoted.
2. Although the applicant believes he was deserving of a promotion, recommendations for promotion are made by the chain of command based on a Soldiers demonstrated performance and potential, not the individual Soldiers assessment of his or her self.
3. Accordingly, in the absence of evidence to show that he was recommended for promotion or that he was unjustly denied a promotion he should have received, it would be inappropriate to second-guess the chain of command by accepting the applicants assessment that he should have been promoted at
18 months of time in service.
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) AR20110004195
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ABCMR Record of Proceedings (cont) AR20110004195
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