IN THE CASE OF:	  

		BOARD DATE:	    20 September 2011

		DOCKET NUMBER:  AR20110008588 


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, in effect, promotion consideration by a Standby Advisory Board (STAB) under the rules for the fiscal year (FY) 2008 and FY 2009 Master Sergeant (MSG)/E-8 Promotion Selection Boards.

2.  He states he was promoted to sergeant first class (SFC)/E-7 on 1 August 1990.  When he transferred from the U.S. Army Reserve (USAR) to the Regular Army (RA) his SFC date of rank (DOR) was erroneously recorded as 14 May 2007, the date of his RA enlistment.  As a result, he was inadvertently overlooked for promotion to MSG by the FY 2008 and FY 2009 promotion selection boards.  He received a memorandum stating he would not be looked at due to the error in his DOR and he was also told the DOR of 14 May 2007 needed to be corrected on his DD Form 1966 (Record of Military Processing - Armed Forces of the United States), since his Enlisted Record Brief (ERB) correctly shows his DOR as 1 August 1990.  He states he has been fighting this injustice since his return to active duty in 2007.

3.  He provides:

* his ERBs, dated 21 May 2007 and 10 March 2011
* a DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes), dated 28 August 2007
* a memorandum from the Chief, Enlisted Promotions Branch, U.S. Army Human Resources Command, Fort Knox, KY, dated 8 February 2011


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA on 16 September 1976.  He served through multiple extensions or reenlistments in a variety of stateside or overseas assignments.

2.  Order Number 94-22, issued by the U.S. Total Army Personnel Command, Alexandria, VA, dated 20 June 1990, promoted him to SFC with an effective date and DOR of 1 August 1990.

3.  He was honorably discharged on 31 August 1992 and he was transferred to a USAR unit in Richmond, VA.  He again served through multiple extensions or reenlistments in the USAR.

4.  He enlisted in the RA on 14 May 2007.  The DD Form 1966 series completed during his RA enlistment processing in 2007 shows in:

* item 18f (Pay Grade) the entry "E07"
* item 18g (Date of Grade) the entry "20070514"
* Section VI (Remarks) the entry "My date of rank will be adjusted at my first duty station IAW [in accordance with] AR [Army Regulation] 600-20 [Army Command Policy]"

5.  His DA Form 2166-8 (NCO Evaluation Report) for the period ending 31 March 2009 shows his DOR as 14 May 2007.  His DA Form 2166-8 for the period ending 31 March 2010 shows his DOR as 1 August 1990.

6.  The transaction history in the Integrated Web Service (IWS), a human resources management tool operated by the U.S. Army Human Resources Command, includes a memorandum from the Chief, Enlisted Promotions, Promotions Branch, U.S. Army Human Resources Command, Fort Knox, KY, that shows his request for a STAB was denied.  The memorandum shows the request was denied because when he switched from the USAR to the RA he was assessed with the same rank (SFC/E-7) but a new DOR (14 May 2007).

7.  He provides two ERBs.  The first, dated 21 May 2007, shows his DOR as 14 May 2007.  The second, dated 10 March 2010, shows his DOR as 1 August 1990.

8.  Army Regulation 600-20, chapter 3, provides instructions for establishing the DOR of enlisted Soldiers.  It states, in pertinent part, a USAR Soldier who enlists or reenlists without a break in military service of more than 90 days retains the DOR of the grade held prior to reenlistment.
9.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the Army's enlisted promotions and reductions policy.  Chapter 4 provides guidance on centralized promotions to SFC, MSG, and sergeant major (SGM), and provides rules on referral of cases to a STAB.  It states cases may be referred to a STAB upon determining that a material error existed in a Soldier’s OMPF when the file was reviewed by a promotion board.  STABs are convened to consider records of those:

* Soldiers whose records were not reviewed by a regular board.
* Soldiers whose records were not properly constituted, due to material error, when reviewed by the regular board.
* Recommended Soldiers on whom derogatory information has developed that may warrant removal from a recommended list.

Error is considered material when there is a reasonable chance that had the error not existed, the Soldier may have been selected.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 1966 completed when the applicant enlisted in the RA in 2007 stated his DOR would be adjusted at his first duty station, but this did not happen in a timely manner.

2.  Although it appears his DOR has been appropriately adjusted to 1 August 1990, the delay in adjusting his DOR constitutes a material error in his record and may have prevented his record from appearing before the MSG/E-8 Promotion Selection Boards for FY 2008 and FY 2009.  As a matter of equity, it would be appropriate for a STAB to consider him for promotion to MSG under the rules in effect for FY 2008 and FY 2009.

BOARD VOTE:

__X_____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by placing his record before a STAB to be considered for promotion to MSG under the rules in effect for FY 2008 and FY 2009.

2.  If selected, his records be further corrected by showing he was promoted to MSG on his date of eligibility as determined by appropriate officials, provided he was otherwise qualified and met all other prerequisites for promotion, and paying him any associated back pay and allowances.

3.  If not selected, the applicant be so notified and appropriate action be taken.



      __________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)                                         AR20110008588



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ABCMR Record of Proceedings (cont)                                         AR20110008588



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