IN THE CASE OF:	

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110015712 


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 his date of rank (DOR) to sergeant first class (SFC)/E-7 from 1 October 2009 to 28 July 2008.

2.  The applicant states:

* he was assigned as an SFC/E-7 in military occupational specialty (MOS) 68W (Health Care Specialist) in a troop program unit (TPU) as well as a military technician in the same unit
* his unit deployed under a battle roster spreadsheet instead of the unit manning report (UMR)
* he was taken out of his authorized position and placed in an overstrength position coded 9992 for the deployment
* prior to deployment and in anticipation of a change to the unit's authorization document, several SFC's were recruited to fill the same position in order to meet staffing requirements
* the battle roster was not the authorized document to deploy the unit
* due to his status as a military technician, there should not have been anyone assigned to his position
* the UMR had only three authorized SFC/E-7 positions, but the battalion had eight SFC's
* he is being penalized for staffing positions created to support the war effort

3.  The applicant provides an extract of the UMR and battle roster, an extract of the 90th Regional Readiness Command July 2008 SFC-Sergeant Major (SGM) Promotion Board Recommended List, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 5 February 1999 and held MOS 91W [now 68W].  He was ordered to active duty effective 7 December 2003 and served in Kuwait/Iraq from 10 March 2004 to 9 March 2005.  He was promoted to staff sergeant/E-6 effective 21 March 2006.

2.  He reenlisted in the USAR on 9 August 2006.  He was assigned to Company A, 490th Civil Affairs Battalion, Dallas, TX.  He was selected for promotion to SFC/E-7 and placed on the 90th Regional Readiness Command July 2008 SFC-SGM Promotion Board Recommended List on 25 July 2008 with an assigned sequence number of 50.

3.  He was again ordered to active duty effective 24 August 2008 and served in Iraq from 12 October 2008 to 10 August 2009.  He was honorably released from active duty on 27 September 2009.

4.  On 24 September 2009, Headquarters, 63rd Regional Readiness Command, Los Alamitos, CA, published orders promoting him to SFC/E-7 in MOS 68W with a DOR and effective date of 1 October 2009.

5.  An advisory opinion was obtained on 8 November 2011 from Headquarters, USAR Command (USARC), Fort Bragg, NC.  A USARC official recommended disapproval to adjust his DOR.  The official stated:

	a.  In accordance with the enlisted promotion regulation, when a position vacancy or a projected vacancy occurs in a TPU to which the military technician is assigned, he or she would be promoted off the recommended list in sequence provided that the military technician is MOS qualified.  An overstrength in noncommissioned officers (NCO's) in the pay grade would reduce or eliminate promotion possibility in that grade and lower grades.  In no case will promotions be made to SFC and above for Soldiers in an overstrength status.  Transfer to and from an overstrength status will not be made for the purpose of increasing promotion opportunities.

	b.  When the applicant was promoted in July 2009, his unit was overstrength by five SFC's; therefore, no promotion was authorized.  The overstrength was eliminated in September 2009 and he was promoted to the position to which he was already assigned effective 1 October 2009.

6.  He was provided with a copy of the advisory opinion, but he did not respond.

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Chapter 5 prescribes policy for the promotion of USAR Soldiers assigned to TPU's, Army Reserve Elements, and multi-component units.  Paragraph 5-4 states an overstrength in NCO's in a pay grade will reduce or eliminate promotion possibility for NCO's in that grade and lower grades.  Paragraph 5-30 states that in no case will promotions be made to SFC and above for Soldiers in an overstrength status.  Transfers to and from an overstrength status will not be made for the purpose of increasing promotion opportunities.  Paragraph 5-47 (Military Technician) states that when a position vacancy or projected vacancy occurs in the TPU to which the military technician is assigned, he or she will be promoted off the recommended list in sequence provided the military technician is qualified in the duty MOS by possessing the MOS as a primary, secondary, or additional MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, a Soldier and a military technician in a TPU, was recommended for promotion to SFC/E-7 and his name was incorporated into the regional promotion board recommended list on 25 July 2008.

2.  When he was promoted in July 2009, his unit was overstrength by five SFC's; therefore, no promotion was authorized.  Once the overstrength was eliminated in September 2009, he was appropriately promoted to the position to which he was already assigned effective 1 October 2009.  Since he was appropriately promoted, there is neither an error nor an injustice and, as such, no reason to change his DOR.

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.
ABCMR Record of Proceedings (cont)                                         AR20110015712



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ABCMR Record of Proceedings (cont)                                         AR20110015712



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