BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005434
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 his "automatic promotion" to staff sergeant (SSG)/E-6.
2. The applicant states he submitted the Unit Enlisted Promotion Report
(AAA-294) for sergeants eligible for automatic promotion list integration to his company in the Warrior Transition Battalion for approval while going through the discharge process. His chain of command, excluding his squad leader, told him they were denying the promotion to SSG because he was being discharged.
3. The applicant provides copies of:
* Unit Enlisted Promotion Report (AAA-294), dated 1 December 2009
* his sworn statement, dated 25 February 2011
* memorandum for record (MFR) from SSG G____ B____, Jr., dated 28 February 2011
* MFR from his squad leader, SSG H____ L. J____, dated 23 March 2009 [sic]
CONSIDERATION OF EVIDENCE:
1. Following prior service in the Pennsylvania Army National Guard, the applicant enlisted in the Regular Army on 26 January 2005 for a period of
3 years. He was awarded military occupational specialty 92G (Food Service Specialist).
2. His records contain a copy of Physical Evaluation Board (PEB) Proceedings, dated 16 November 2009, showing he fell and sustained a facture to his left wrist while in theater [Iraq]. After three operations, he was still in pain and unable to lift heavy pots and food items. The PEB found he was physically unfit and recommended a combined disability rating of 20 percent.
3. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged in the rank of sergeant (SGT)/E-5 on 14 February 2010 due to combat-related disability with severance pay. He completed 5 years and 19 days of net active service during this period. His DD Form 214 also shows he served in Kuwait from 1 October 2005 to 30 September 2006 and in Iraq from 13 January to 1 August 2008.
4. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the criteria for recommendation and promotion to SSG. Each month, Active Army Soldiers in all military occupational specialties who meet the following criteria will be automatically integrated into the SGT and SSG promotion standing lists provided they are otherwise eligible for promotion consideration, despite lacking the actual promotion board appearance. The monthly report contains three separate sections listing the names of Soldiers eligible for automatic promotion list integration, eligible for promotion without a waiver, and eligible for promotion with a waiver.
a. The criteria for promotion to SSG is:
* 82 months of time in service, to become eligible for promotion at 84 months
* 10 months of time in grade, to become eligible for promotion at 12 months
* graduate of the Warrior Leader Course
* otherwise not ineligible in accordance with this regulation
* not otherwise denied by the commander (i.e., recommended by the commander]
* Soldier must have a minimum of 90 days of remaining service as of the month of integration into the recommended list.
b. If the commander determines a promotion is to be denied, the commander will take action to deny list integration.
5. In support of his request, he provides copies of the Unit Enlisted Promotion Report (AAA-294), dated 2 December 2009, and statements from himself and two SSG's in his unit stating the unit leaders determined the applicant did not show any leadership potential while assigned to the unit and, therefore, they denied him promotion to SSG.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show his "automatic promotion" to SSG because his unit denied the promotion based on his being discharged.
2. The Army does not have automatic promotions. The applicant provided a copy of the Enlisted Promotion Report (AAA-294). This report provides a listing of the unit's Soldiers eligible to be integrated into the listings of Soldiers recommended for promotion to SGT and SSG. The unit commander indicates whether or not each Soldier is recommended. In the applicant's case, it appears the unit commander circled "no" in the "Promotion Action" column of the report. As a result, the applicant was not integrated into the promotion list. The applicant was not denied "automatic promotion" to SSG, he simply was not recommended.
3. In view of the forgoing his 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) AR20100024004
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