ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110012030 


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 consideration of his record by a standby advisory board (STAB) for promotion to master sergeant (MSG) under the criteria of the Fiscal Year 2011 U.S. Army Reserve (USAR) Active Guard Reserve (AGR) MSG selection board.

2.  He states:

	a.  He did not receive proper consideration for promotion during the MSG promotion board which was held from 13 to 29 October 2010 and as a result he was not selected for promotion.

	b.  His request for a STAB was denied despite the documentation he provided demonstrating there were material errors that affected his consideration for promotion.

	c.  The material errors that affected his selection for promotion were through no fault of his own.

	d.  Due to the suspension of favorable personnel actions (flag) imposed against him by his battalion commander, he was forced to withdraw from attending the First Sergeant (1SG) Course which he would have completed prior to the convening date of the board.  When the flag was determined to be improper, he was rescheduled to attend the 1SG Course.

	e.  The flag was not lifted until after the board convened.

	f.  He did not certify the information in his promotion packet because he did not think he was qualified for promotion consideration because of the flag.

	g.  His Noncommissioned Officer Evaluation Report (NCOER) completed 15 months prior to the convening date of the board was not processed in time to be included in his promotion packet.

	h.  There were no evaluations of his performance in his records for the 2 years prior to the promotion board convening date.

	i.  He is under no illusion that he is guaranteed a promotion, but feels he is entitled to full consideration which a STAB would afford him.

3.  He provides:

* two DA Forms 268 (Report to Suspend Favorable Personnel Actions (Flag)
* two DA Forms 2166-8 (NCOER)
* two DA Forms 1059 (Service School Academic Evaluation Report)
* DA Form 2823 (Sworn Statement)
* Military Personnel (MILPER) Message Number 10-174
* Army Training Requirements and Resources System (ATRRS) – Request for Cancellation/Substitution form
* three memoranda
* five email messages

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the USAR AGR Program in the rank of sergeant first class (SFC)/pay grade E-7.  His pay entry basic date (PEBD) is 27 February 1991, his basic active service date (BASD) is 23 February 1999, and his primary military occupational specialty (MOS) is 88N4O (Transportation Management Coordinator).

2.  Orders B-08-705823 issued by U.S. Army Human Resources Command (HRC), St. Louis, MO, show his date of rank to SFC as 1 September 2007.



3.  He submits:

	a.  two DA Forms 1059 which show he completed phases IA and IB of the Transportation Deployment/Distribution Advanced NCO Course during the period 23 May to 21 June 2009;

	b.  a DA Form 268, dated 23 April 2010, which shows he was flagged for adverse action by the battalion commander effective 22 April 2010;

	c.  an email, dated 7 May 2010, subject:  Course Reservation Verification for (Applicant), showing a reservation had been made in ATRRS for him to attend phase 2 of the 1SG Course from 5 to 20 August 2010;

	d.  MILPER Message Number 10-174, dated 29 June 2010, subject:  Fiscal Year 2011 USAR AGR MSG Selection Board Zones of Consideration Announcement Message, providing the following instructions regarding the selection of qualified AGR senior NCO's for promotion to MSG scheduled to convene on 13 October 2010:

		(1)  the eligibility criteria for promotion consideration to MSG was all Advanced NCO Course-qualified AGR SFC's with a PEBD not later than 14 October 2002 and a BASD not earlier than 14 October 1985;

		(2)  the primary zone for consideration was SFC's with a DOR of 14 October 2007 and earlier;

		(3)  electronic review of the enlisted record brief for AGR Soldiers.  paragraph 7a states "all NCO's eligible for this board must log on to the HRC website at https://www.hrc.army.mil, click on "My Record Portal," log in with Army Knowledge Online identification and password, select "Reserve Record," and then click on documents;

		(4)  as of 15 February 2010, the Enlisted Personnel Management Directorate at HRC-St. Louis ceased processing record updates for AGR enlisted Soldiers assigned to troop program units;

		(5)  AGR Solders assigned to troop program units (i.e., USAR Command subordinate units) should submit their request through their chain of command using the same procedure they followed previously when sending to HRC;

		(6)  AGR enlisted Soldiers not assigned to troop program units (i.e., "above-the-line" units) should check with their servicing full-time support of USAR liaison cell as many above the line units have the ability to update records.  If their unit does not have this capability, they may send their request for records to the appropriate personnel actions branch at HRC;

		(7)  to allow sufficient time for corrections to be processed, requests must be submitted as soon as possible but no later than 24 September 2010.  Requests received after 24 September 2010 will be processed in the order received but may not appear before the board;

		(8)  paragraph 9b states, "In order to guarantee processing prior to board, all mandatory or optional NCOER's must be received, error free, in the Evaluation Reports Branch, HRC, not later than by close of business on 1 October 2010";

	e.  an undated ATRRS Request for Cancellation/Substitution Form showing his 1SG Course was cancelled because of his flag;

	f.  an email from the acting Deputy Commander, 214th Legal Support Office, dated 9 July 2010, subject:  Response to Flag Against (Applicant), stating that since the applicant is not named in the Financial Liability Investigation of Property Loss report, his flag should be lifted immediately so he can attend the 1SG Course;

	g.  an email, dated 20 July 2010, subject:  1SG Course, showing a sergeant major at the NCO Academy answered the applicant's 19 July 2010 email about attending the upcoming 1SG Course with a flag.  He was told once the investigation was completed and he was cleared, he could request a school seat;

	h.  a DA Form 268, dated 10 November 2010, showing the flag was removed for "other final action" effective the same date;

	i.  an email, dated 19 November 2010, showing he was reenrolled in the 1SG Course which was scheduled to be held from 4 March to 18 March 2011;

	j.  an NCOER covering the period 31 March 2009 through 31 July 2009 showing he was serving in duty MOS 88P4O as a railway equipment supervisor.  Part I (Administrative Data), block g (Reason for Submission), shows it was a change-of-rater report.  The NCOER was electronically processed and digitally signed by the:

		(1)  rater on 6 November 2010,
		(2)  senior rater on 16 November 2010,

		(3)  reviewer on 3 December 2010, and

		(4)  applicant on 9 December 2010;

	k.  an NCOER covering the period 1 August 2009 through 31 July 2010 showing he was serving in duty MOS 88P4O as a railway equipment supervisor.  Part I block g, shows it was an annual report.  The NCOER was electronically processed and digitally signed by the:

		(1)  rater on 12 August 2010,

		(2)  senior rater on 30 September 2010,

		(3)  reviewer on 27 October 2010, and

		(4)  applicant on 1 November 2010;

	l.  two memoranda from members of his command, dated 23 and 25 January 2011, supporting his request for a STAB;

	m.  a memorandum, dated 26 January 2011, subject:  Request STAB Consideration, showing he requested reconsideration for promotion to MSG due to possible material error in that as the acting 1SG of his unit, he was erroneously flagged from 22 April to 10 November 2010.  It was determined that he should not attend the 1SG Course and his NCOER for the period ending 31 July 2009 was not completed and processed in a timely manner;

	n.  page one of a DA Form 2823, dated 17 April 2011, discussing an Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers) investigation against an MSG M____.  The applicant is not discussed on this page of the sworn statement; and

	o.  an HRC-St. Louis memorandum, dated 29 May 2011, subject:  STAB (Applicant's Rank, Name, Social Security Number, and MOS), showing the applicant's request for a STAB was not favorably considered.  The Chief, Department of the Army Enlisted Promotions, informed the applicant that his annual NCOER with an ending date of 31 July 2010 was not received for processing until 3 November 2010 and the NCOER ending 31 July 2009 was not received until 12 December 2010.  In addition, the board members saw no evidence of a flag in his military board file or of him being prevented from attending the 1SG Course.  Accordingly, the applicant's request was denied.

4.  Army Regulation 623-3 (Evaluation Reporting System) prescribes the policies and tasks for the Army's Evaluation Reporting System.  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.

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

	a.  Chapter 4 (Centralized Promotions – SFC, MSG, and Sergeant Major), section IV (Task:  Processing Request for STAB Consideration), paragraph 4-13 (Rules), shows that STAB's are convened to consider records of those Soldiers whose records were not properly constituted due to material error when reviewed by the regular board.

	b.  Paragraph 4-13f 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.  Paragraph 4-13f(10) shows that an annual or change-of-rater NCOER that was received at HRC 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 6-3d provides that a Soldier with a flag in effect may be considered by the board and placed on the recommended list.  However, a Soldier cannot be promoted until the flag has been lifted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be reconsidered for promotion to MSG because his NCOER's were not processed in a timely manner, he was erroneously flagged, and he was not allowed to attend the 1SG Course.  As a result, his NOCER's were not included in his board file that was reviewed by the regular promotion board.

2.  Although he submitted evidence that shows he was flagged and his attendance at the 1SG Course was cancelled because he was flagged, the memorandum from Department of the Army Enlisted Promotions clearly states the board members saw no evidence in his board file showing he was flagged or was refused attendance of the 1SG Course.  In addition, Army Regulation 
600-8-19 clearly states a Soldier who is flagged may be considered for promotion; however, he or she may not be promoted until the flag is lifted.

3.  The evidence of record shows the applicant received a change-of-rater report with an ending date of 31 July 2009.  The applicant's rating chain completed and electronically processed the NCOER on 3 December 2010, a full 15 months after the ending period of the NCOER.  As a result, the applicant's NCOER was received at HRC on 13 December 2010 after the cut-off date (i.e., 1 October 2010) specified in the MILPER message.

4.  The evidence of record also shows he received an annual report with an ending date of 31 July 2010.  The applicant's rating chain completed and electronically processed the NCOER on 27 October 2010, 3 months after the ending period of the NCOER.  As a result, the applicant's NCOER was received at HRC on 3 November 2010 after the cut-off date (i.e., 1 October 2010) specified in the MILPER message.

5.  The MILPER message for the Fiscal Year 2011 USAR AGR MSG Selection Board provided instructions stating mandatory (i.e., annual) NCOER's were due at HRC not later than 1 October 2010 in order to allow sufficient time for processing and inclusion in the Soldier's board file.

6.  Although the late submissions of his reports were through no fault of his own, there is no evidence nor did he submit any evidence showing he wrote to the president of the board explaining the absence of the reports or the failure of the rating officials to complete the reports.

7.  The evidence of record shows that NCOER's received after the specified cut-off date do not get posted to the board file and will not be a basis for STAB consideration.  Therefore, in view of the foregoing, there is no basis for granting the applicant the 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 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.

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ABCMR Record of Proceedings (cont)                                         AR20110012030



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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