IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110009595
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 he be retroactively promoted to staff sergeant/E-6 effective June 1998.
2. The applicant states, in effect:
a. backdating his promotion to June 1998 would reflect approximately three months promotion processing time following his last Noncommissioned Officer Evaluation Report (NCOER), dated 28 February 1998. He contends three months was the approximate processing time for his previous promotion to
sergeant/E-5 (20 June 1991) following completion of the required Noncommissioned Officer Education System (NCOES) (Professional Leadership Development Course) on 23 March 1991.
b. he was erroneously not promoted to E-6 in June 1998 despite meeting all requirements which resulted in him not being boarded for promotion to E-7 in September 2008.
c. he first learned of this error in May 2008. As of June 1998, he had served as an E-5 since June 1991 and met all requirements for promotion to E-6 (exceeded the requirement to serve 84 months, completed required NCOES, exceeded points necessary for promotion, and earned top blocks in last two NCOERs). He was also eligible for promotion consideration based on earning the required 27 points for retirement year ending (RYE) 4 September 1998. However, his promotion packet was never submitted. It was not submitted by any organization after he transferred to the Individual Ready Reserve (IRR) in December 1998.
d. as a result, this error caused him to be ineligible for promotion consideration to E-7 in September 2008 when he satisfied time in service/time in grade and NCOES criteria for the promotion had he been promoted to E-6 in 1998.
e. as of September 2008, he had served 251 months time in service, completed the required NCOES, and served 122 months time in grade. He was also eligible for promotion consideration based on earning 54 points for RYE
4 September 2009. Backdating his promotion to E-6 to June 1998 will enable him to initiate the process with his current unit for proper promotion consideration to E-7.
3. The applicant provides:
* Two DA Forms 1059 (Service School Academic Evaluation Report)
* DA Form 4651 (Request for Reserve Component Assignment or Attachment)
* Promotion orders
* Emails
* Retirement points record
* NCOERs
* Reassignment orders
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army, the applicant enlisted in the U.S. Army Reserve on 5 September 1986. He was promoted to sergeant/E-5 on 20 June 1991.
2. He provided an NCOER for the period April 1997 through November 1997 which shows he was rated "Among the Best" by his rater and was rated "Successful(1)" for his overall performance and overall potential for promotion and/or service in positions of greater responsibility by his senior rater. He provided an NCOER for the period December 1997 through February 1998 which shows he was rated "Fully Capable" by his rater and was rated "Successful(2)" for his overall performance and overall potential for promotion and/or service in positions of greater responsibility by his senior rater.
3. He completed the Basic Noncommissioned Officer Course (BNCOC) on
22 August 2008.
4. He was promoted to staff sergeant effective 5 November 2008.
5. There is no evidence of record which shows he was recommended for promotion to E-6 by a promotion selection board and placed on a permanent recommended promotion list prior to November 2008.
6. In the processing of this case, a staff advisory opinion was obtained from the Chief, Enlisted Promotions, Promotion Branch, U.S. Army Human Resources Command (HRC), Fort Knox, KY. That office recommends the applicant's request be denied. The opinion states:
a. the applicant is a member of a U.S. Army Reserve Troop Program Unit (TPU). That office is not the promotion authority for enlisted TPU promotions. Records available to that office indicate the applicant was assigned to the TPU, from the IRR, on 14 February 2008. He completed BNCOC on 22 August 2008 and was promoted to staff sergeant on 5 November 2008. He should direct his concerns of not being boarded for E-7 in September 2008 with the Army Reserve TPU Command he was assigned to at that time.
b. the applicant was a member of the IRR from 30 November 1998 to
14 February 2008. Soldiers who have not accrued 20 years of qualifying service for retired pay must be a satisfactory IRR, IMA, or Standby Reserve participant, and have earned a minimum of 27 retirement points in either year of a 2-year period prior to the effective date announced by the Department of the Army to be eligible for promotion consideration. The retirement records pertaining to the applicant reflect he has not accrued 20 years of qualifying service, nor did he earn the minimum number of retirement points while in the IRR to be eligible for promotion consideration by the Centralized Promotion Board which is convened by that office.
c. in response to the applicant's claim that he was erroneously not promoted to staff sergeant in June 1998, which further resulted in him not being boarded for E-7 in September 2008, there is no evidence available to support his claim.
7. In the processing of this case, a second staff advisory opinion was obtained from the Chief, Personnel Management Division, U.S. Army Reserve Command, Fort Bragg, NC. The opinion states the U.S. Army Reserve Command recommends disapproval of the applicant's request for reinstatement to the grade E-7 based on the following reasons:
a. Army regulatory guidance states that Soldiers must be recommended for promotion to sergeant/E-5 and staff sergeant/E-6 by a properly constituted promotion board. The applicant was not considered by a properly constituted promotion board until 2008, and therefore, could not be promoted prior to 2008.
b. the applicant is not eligible for promotion board consideration to sergeant first class/E-7 because he has not yet completed phase 2 of the requisite level of NCOES. After completing the required level of NCOES, he may be considered by a properly constituted promotion board.
8. Copies of the advisory opinions were forwarded to the applicant for comment and possible rebuttal. However, the applicant did not respond within the given time frame.
9. Paragraph 5-5 of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states to standardize promotion qualification throughout the Army Reserve and to ensure promotion of the best qualified Soldiers, recommendation by a promotion selection board and placement on a permanent recommended promotion list is required for all promotions to sergeant and staff sergeant.
10. Paragraph 8-2(d) of Army Regulation 140-158 (Army Reserve/Enlisted Personnel Classification, Promotion, and Reduction), in effect in 1998, states that a Soldier must complete BNCOC to be eligible for promotion to E-6.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was erroneously not promoted to E-6 in June 1998 despite meeting all requirements which resulted in him not being boarded for promotion to E-7 in September 2008.
2. He contends he was eligible for promotion consideration in 1998 based on earning the required 27 retirement points for RYE 4 September 1998. However, the governing regulation in effect at the time states a Soldier must complete BNCOC for promotion to E-6. He did not complete BNCOC until 2008. Therefore, he was not eligible for promotion to E-6 in 1998.
3. Since there is no evidence of record which shows the applicant was recommended for promotion to E-6 by a promotion selection board and placed on a permanent recommended promotion list prior to November 2008, there is no basis for granting his requested relief.
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) AR20110009595
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