BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110015040
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade as sergeant major (SGM)/E-9 vice master sergeant (MSG)/E-8 and a date of rank (DOR) to the year of her selection.
2. The applicant states she was recommended for promotion by the 90th Regional Support Command (RSC) January 2007 Senior Enlisted Promotion Selection Board but her selection was overlooked. She is providing noncommissioned officer evaluation reports (NCOER) that show she served in the positions of both first sergeant and command sergeant major (CSM) at battalion level and that her raters thought her worthy of the positions. In 2007 it was not mandatory to complete the SGM Academy to be promoted.
3. The applicant provides:
* DD Form 214 for the period ending 31 March 2007
* A self-authored letter, dated 15 July 2011
* A congratulatory note from the Commanding General, 75th Division on her promotion selection, dated 31 March 2007
* A memorandum, subject: 90th RSC January 2007 Senior Enlisted Promotion Selection Board, dated 27 February 2007
* The 90th Regional Readiness Command (RRC) January 2007 Senior Promotion Board Recommended List, including her name to SGM
* Eight DA Forms 2166-8 (NCOER)
CONSIDERATION OF EVIDENCE:
1. Having had prior active service, the applicant enlisted in the U.S. Army Reserve (USAR) on 30 September 1996 and she held military occupational specialty (MOS) 91Z (Mechanical Maintenance Supervisor), formerly MOS 63Z. She was promoted to the rank of MSG on 1 September 2003.
2. She was assigned to the 2nd Battalion, 382nd Regiment, 129th Infantry Brigade, Troop Program Unit (TPU), Waco, TX.
3. She was ordered to active duty as a member of her Reserve unit and she entered active duty on 11 July 2008.
4. She was honorably retired from active duty on 31 March 2011 and placed on the Retired List on 1 April 2011 in the retired rank of MSG.
5. The DD Form 214 she was issued shows she completed 2 years, 8 months, and 20 days of net active service during this period of service; 17 years, 3 months, and 11 days of total prior active service; and 9 years, 6 months, and 14 days of total prior inactive service. Item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of her DD Form 214 shows the entry "MSG" and "E-8," respectively.
6. During the processing of this case, on 11 January 2012, an advisory opinion was obtained from the Chief, Personnel Management Division, Headquarters, U.S. Army Reserve Command, Fort Bragg, NC. The advisory official recommended disapproval of the applicant's request and opined that:
a. In accordance with Army regulatory guidance, Soldiers recommended for promotion are placed on an order of merit Permanent Promotion Recommended List (PPRL) for a maximum of 2 years, unless promoted within the 2 years. Commands are required to report valid, vacant positions to the regional list manager. As vacancies are reported, the regional list manager identifies the first Soldier on the PPRL meeting the requirements of the position to include MOS and the Soldier's elected travel distance.
b. Records indicate the applicant was recommended for promotion in February 2007 by the 90th RSC January 2007 Senior Enlisted Promotion Selection Board. During her tenure on the PPRL no vacancies were reported within her MOS and elected commute distance. Consequently, she was removed from the PPRL in February 2009.
7. On 12 January 2012, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal. She did not respond.
8. The applicant provides an NCOER covering a 12-month rating period from January 2006 through December 2006 where she was rated while serving as the maintenance supervisor in MOS 63Z. The NCOER shows her rank as MSG and contains the comments "assumed the role of battalion CSM; performed assigned duties" and "unlimited potential; promote now."
9. She also provides an NCOER covering a 12-month rating period from January 2007 through December 2007 where she was rated while serving as the maintenance supervisor in MOS 63Z. The NCOER shows her rank as MSG and contains the comments "served exceptionally as battalion CSM" and "based on her performance, she should already be a SGM."
10. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), chapter 5, prescribes policy for USAR Soldiers assigned to troop program units, Army Reserve elements, and multi-component units. Soldiers selected for promotion by boards are identified on a list maintained by the promotion authority. Promotion from the list is by sequence and MOS based on a position vacancy within a reasonable distance of the Soldier's residence.
a. Paragraph 5-40 states the selection list is not a permanent selection list. Each promotion selection list issued by a promotion board is a new report and will be integrated with the PPRL. Soldiers who have not been promoted within 2 years from the board date will be automatically removed from the PPRL. Removal from the PPRL does not preclude consideration by future boards.
b. Paragraph 5-41 states promotion will only be made against a current vacancy to which the Soldier is or will be assigned.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that while the applicant was recommended for promotion to SGM in January 2007, no vacancies were reported within her MOS within 2 years and her name was removed from the PPRL in February 2009. Although she may have performed the duties of an SGM/CSM for a period of time, promotion is only made against a valid vacancy to which a Soldier is assigned.
2. There is no evidence and the applicant did not provide any evidence that shows she was overlooked for promotion by her command. Therefore, she is not entitled to 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 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) AR20110015040
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ABCMR Record of Proceedings (cont) AR20110015040
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