BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110004384 


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 reconsideration of the Army Board for Correction of Military Records (ABCMR) decision denying him a Standby Advisory Board (STAB) for promotion consideration to master sergeant (MSG)/pay grade E-8 based on material error.

2.  The applicant states he contacted his rating chain concerning the Noncommissioned Officer Evaluation Report (NCOER) with a Thru date of 
30 July 2009.  They agreed to provide him statements indicating why the NCOER was processed in September versus completion by the Thru date.  He states that if the NCOER had been included in his board file he would have been selected for promotion by the Fiscal Year (FY) 2010 Active Guard Reserve (AGR) Master Sergeant Board.  He believes he should have been granted a STAB because his rating chain admits the reasons for his NCOER being late were beyond his control.

3.  The applicant provides:

* ABCMR letter dated 1 December 2010, with enclosure
* NCOER with a Thru date of 30 July 2009
* DA Form 2823 (Sworn Statement), dated 24 February 2011, from his senior rater
* DA Form 2823, dated 7 January 2011, from his reviewer



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100013263, on 30 November 2010.

2.  The sworn statements the applicant submitted from his senior rater and reviewer are new evidence which require consideration by the ABCMR.

3.  The applicant is currently serving in the AGR program in the rank of MSG with a date of rank of 1 February 2011.  His primary military occupational specialty (MOS) is 88Z5O (Transportation Senior Sergeant).

4.  The applicant's Army Human Resources Command (AHRC) Form 4143 (Enlisted Record Brief - AGR) shows his Pay Entry Basic Date (PEBD) is 
7 February 1989 and Basic Active Service Date (BASD) is 5 January 1992.  His date of rank (DOR) to sergeant first class (SFC) was 1 September 2006.  The Education section shows he completed the Advanced Noncommissioned Officer (NCO) Course in 2007.

5.  The applicant's NCOER covering the period 31 July 2008 through 30 July 2009 shows he was serving in duty MOS 88N4O as a Staff Movement NCO.  Part I (Administrative Data), block g (Reason for Submission), shows it was an annual report.  The NCOER was electronically processed and digitally signed, as follows:

* the rater authenticated the NCOER on [Tuesday] 22 September 2009
* the senior rater authenticated the NCOER on 23 September 2009
* the reviewer authenticated the NCOER on 23 September 2009
* the applicant authenticated the NCOER on [Friday] 25 September 2009

6.  MILPER Message Number 09-138, Subject:  FY 2010 Army Reserve AGR MSG Selection Board Zones of Consideration Announcement Message, provided instructions regarding the selection of qualified AGR senior NCOs for promotion to MSG.  

   a.  The eligibility criteria for promotion consideration to MSG was all Advanced NCO Course qualified AGR SFCs with a PEBD not later than
15 October 2001 and a BASD not earlier than 15 October 1984.

   b.  The primary zone was SFC with a DOR of 1 December 2006 and earlier.

   c.  Paragraph 9b states "In order to guarantee processing prior to board, all mandatory or optional NCOERs must be received, error free, in the Evaluation Reports Branch, Human Resources Command, St. Louis MO (AHRC-PDV-ERR), not later than and by close of business on 23 September 2009."

7.  A DA Form 4187 (Personnel Action), dated 7 January 2010, Subject:  Request STAB Reconsideration, shows the applicant requested reconsideration for promotion to MSG due to a possible material error in that his annual NCOER with a Thru date of 30 July 2009 was not completed and processed in a timely manner.

8.  A Headquarters, HRC-St. Louis, memorandum, dated 3 February 2010, Subject: STAB [Applicant's Rank, Name, Social Security Number, and MOS] shows the applicant's request for a STAB was not favorably considered.

   a.  The Chief, DA Enlisted Promotions, informed the applicant that his annual NCOER with an ending date of 30 July 2009 was received after the cut-off date specified in MILPER Message 09-138.  [The memorandum incorrectly cited paragraph 9d for the cut-off date, instead of paragraph 9b.]

   b.  He added that evaluations received after the specified cut-off date have less than a reasonable chance of getting posted to the file and will not be a basis for STAB consideration.  Accordingly, the applicant's request was denied.

9.  A sworn statement, dated 24 February 2011, was submitted by his senior rater.  He stated, as the senior rater, he shared some of the blame for the applicant's NCOER being late.  He should have followed up with the rater to ask the status.  Because he failed the Soldier by not asking and following up, the applicant's NCOER was late getting to the board.  He states that the applicant's signature on 25 September 2009 was not his fault but a failure of the senior leadership.

10.  A sworn statement, dated 7 January 2011, was submitted by his reviewer, the section plans officer in charge of 22 full-timers.  It was his duty to ensure all NCOs had their NCOERs completed on time by the rater, senior, and reviewer.  He was aware the rater was having trouble and misgivings of completing the NCOER on time and inquired if any assistance could be provided to the rater.  Since his reviewer was not available he completed the reviewer portion of the NCOER due to the need for a completed NCOER for the applicant's upcoming 
E-8 promotion board cut-off.  He states that the applicant's signature on 
25 September 2009 was not his fault but a failure of the senior leadership to identify the critical nature and urgency to have the NCOER filled out/signed/ processed in a timely manner for a promotion submission cut-off.
11.  Army Regulation 623-3 (Evaluation Reporting System) prescribes the policies and tasks for the Army's Evaluation Reporting Systems.  Chapter 3 (Army Evaluation Principles), paragraph 3-37 (Preparation and submission procedures), provides that to facilitate the rated Soldier signing the evaluation report after its completion and signature by the rating officials, the evaluation report may be signed and dated by each individual in the rating chain up to 
14 days prior to the Thru date of the report; however, the report cannot be forwarded to Headquarters, Department of the Army, until the Thru date of the report.

12.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policy and procedures governing promotion and reduction of Army enlisted personnel.

	a.  Chapter 4 (Centralized Promotions - Sergeant First Class, Master Sergeant, and Sergeant Major), section IV (Task:  Processing Request for Standby Advisory Board Consideration), paragraph 4-13 (Rules), shows that STABs are convened, in pertinent part, to consider records of those Soldiers whose records were not properly constituted due to material error, when reviewed by the regular board.

   b.  Subparagraph f provides that reconsideration normally will be granted when one or more of certain specified conditions existed in the Soldier's Official Military Personnel File at the time it was reviewed by a promotion selection board.

   c.  Subparagraph f(10) shows that an annual or change of rater NCOER that was received at HRC-St. Louis (for USAR) early enough for processing and filing before the convening date of the promotion selection board that was not reviewed is a condition for reconsideration.  It also provides that
75 days are allowed for processing after the Thru date of the report or the date the promotion work center completes Part I, section 1, for late reports.

	d.  paragraph 4–3d states Soldiers who are not selected for promotion will not be provided specific reasons for non-selection.  Soldiers may consult the statistical analysis portion of the promotion list or they may write to the Career Professional Development NCO of their respective branch for an analysis on how to enhance their careers.





DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 600-8-19 states that 75 days are allowed for the processing of annual NCOERs after the Thru date.  Seventy-five days from the Thru date of the applicant’s NCOER is 15 September 2009.  The NCOER could have been signed and dated by each individual in the rating chain up to 14 days prior to the Thru date of the applicant's NCOER.  This would have been 16 July 2009.  Therefore, there was ample time for the NCOER to be completed prior to the cutoff date of 23 September 2009 for submission to the board.

2.  The fact that his superiors cite the failure of the senior leadership to have the NCOER completed in a timely manner is noted.  However, this does not negate the fact that the MILPER message established a cutoff date of 23 September 2009 for all those eligible for the FY 2010 Army Reserve AGR MSG Selection Board to submit all mandatory or optional NCOERs.  It would not be equitable to all who met the deadline to grant an exception in this case.

3.  He contends if his NCOER had been included in the board file he would have been selected for promotion by the FY 2010 AGR Master Sergeant Board.  However, Soldiers who are not selected for promotion are not provided specific reasons for non-selection.  Therefore, there is no evidence to support his contention.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100013263, dated 30 November 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)                                         AR20110004384



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ABCMR Record of Proceedings (cont)                                         AR20110004384



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