IN THE CASE OF:	  

		BOARD DATE:	    7 July 2011

		DOCKET NUMBER:  AR20110011284 


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 her previous request for restoration of her rank to sergeant major (SGM)/pay grade E-9 with an effective date of 15 January 2009.

2.  The applicant states, in effect, she wishes to have a more complete review of her request.

3.  The applicant provides no additional evidence in support of her application.

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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100024351 on 3 May 2011.

2.  Additional information concerning this case has become available to the Board; therefore, this case will be reconsidered by the Board.

3.  The applicant was initially selected for promotion to SGM by the January 2007 99th Regional Readiness Command [now known as the 99th Regional Support Command (RSC)] Promotion Selection Board.  She was ordered to active duty for contingency operations-active duty for operational support (CO-ADOS) effective 15 May 2008 and assigned to the 72nd Field Artillery Brigade at Fort Dix, NJ, not to exceed 365 days.

4.  On 26 January 2009, she spoke with Sergeant First Class (SFC) B____ at the 99th RSC and he indicated there may be a SGM position available in the 75th Division.  SFC B____ then told her he made a mistake and had to offer the position to another Soldier who was ahead of her on the Permanent Promotion Recommended List (PPRL).  He also told her he could still publish promotion orders if she found a valid position under the 99th RSC by 1 February 2009.

5.  In March 2009, she was introduced to a policy that suggested the 99th RSC was mistaken; she could have been promoted in January 2009.  SFC B____ researched the situation and determined a mistake was made and issued promotion orders with an effective date of 15 January 2009.  As a condition of promotion, she was required to end her CO-ADOS and report to her unit within 90 days.

6.  Headquarters, U.S. Army Reserve Command (USARC), 
Orders 09-072-00007, dated 13 March 2009, promoted her to SGM in military occupational specialty 42A (Human Resources Specialist) with an effective date of 15 January 2009.

7.  U.S. Army Human Resources Command Orders A-02-906475A01, dated 1 May 2009, modified her previous active duty orders from a period of 112 days to a period of 77 days with an end date of 31 July 2009.  She was released from active duty on 31 July 2009.

8.  On 5 August 2009, she was assigned to the 75th Battle Command Training Division, 2nd Brigade, 87th RSC (East) in Edison, NJ, a TPU outside the command, as an SGM based on the 99th RRC January 2007 slating report.

9.  Headquarters, USARC, Orders 09-225-00006L, dated 13 August 2009, revoked her orders promoting her to SGM with de facto status.

10.  She was assigned to the U.S. Army Soldier Support Institute at Fort Jackson, SC, effective 6 August 2010.

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

	a.  Paragraph 5-26 states a Soldier who accepts a promotion voluntarily agrees to serve in the duty position to which promoted, even if the promotion requires reassignment to another unit.  The Soldier must report for duty in the position to which promoted; comply with a reassignment order, if issued; and serve at least 12 months in the duty position before voluntary reassignment, discharge, or retirement.

	b.  Paragraph 5-41 states promotion will only be made against a current vacancy to which the Soldier is or will be assigned.  A promotion is not valid and the promotion order will be revoked if the Soldier is not or was not in a promotable status on the effective date.

DISCUSSION AND CONCLUSIONS:

1.  The 99th RSC offered the applicant an SGM position outside the command and she accepted the position in good faith.  She was promoted to SGM based on that position, terminated her active duty, and reported to the 75th Battle Command Training Division.  She was assigned to the 75th Command Training Division for at least 12 months.  The delay in the publication of her promotion orders was due to no fault of the applicant.

2.  Therefore, it would be equitable to restore her rank to SGM/pay grade E-9 with an effective date and date of rank (DOR) of 15 January 2009.  In addition, she should be provided all pay and allowances due as a result of this correction.

3.  Headquarters, USARC, Orders 09-225-00006L, dated 13 August 2009, should be voided and removed from the applicant's OMPF.

BOARD VOTE:

__X_____  __X____  ___X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100024351, dated 3 May 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding Headquarters, USARC, Orders 09-225-00006L, dated 13 August 2009, and removing these orders from her OMPF and

	b.  restoring the validity of Headquarters, USARC, Orders 09-072-00007, dated 13 March 2009, promoting her to the rank of SGM/pay grade E-9 with an effective date and DOR of 15 January 2009.

2.  The Board further recommends that Defense Finance and Accounting Service audit her military pay account to determine the pay she is owed as a result of the above correction and provide her all back pay and allowances.



      __________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)                                         AR20110011284



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ABCMR Record of Proceedings (cont)                                         AR20110011284



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