IN THE CASE OF:	  

		BOARD DATE:  10 May 2012

		DOCKET NUMBER:  AR20110021671 


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 record to show her active duty grade as sergeant/(SGT)/E-5.  

2.  The applicant states that in May 2000, while undergoing Physical Disability Evaluation System (PDES) processing she maintained her promotion standing list status by submitting awards, civilian, and military education documents.  She claims in May 2002, she met the promotion cut-off score and after her commander extended her enlistment he set out to have her promoted.  However, the Military Personnel Office (MILPO) stated she was not eligible to be promoted based on her Army Physical Fitness Test (APFT) scores.  

3.  The applicant claims her last APFT was not counted because it had been taken in December 1999 and it was over a year old.  As a result, her promotion points dropped from 515 points to 396 points and made her ineligible for promotion.  She states her commander requested her old APFT score be counted and that she be promoted.  However, MILPO responded by removing her from the promotion standing list.  On 16 October 2002, she was separated by reason of disability and placed on the temporary disability retired List (TDRL) and permanently retired on 10 April 2007. 

4.  The applicant’s claims under the governing regulation she should not have been punished for not being able to complete her APFT because she received a permanent (P) 3 profile on 14 January 2000 which prohibited her from taking the APFT.  

5.  The applicant provides the following documents in support of her application:

* Promotion Paperwork Packet 
* Military Education Packet
* Civilian Education Packet
* Military Awards Packet
* Military Discharge Packet

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows she enlisted in the Regular Army on 15 October 1996, and was trained in and awarded military occupational specialty (MOS) 25M (Graphics Documentation Specialist).  

3.  The applicant’s Official Military Personnel File (OMPF) is void of documents containing the facts and circumstances surrounding her promotion standing list status.  It also contains no documents related to her PDES processing.  

4.  The applicant's OMPF contains:

   a.  Headquarters, U.S. Army Garrison, Fort George G. Meade, Maryland, Orders 192-0001, dated 11 July 2002, which directed the applicant’s release from active duty (REFRAD) on 16 October 2002, and placement on the TDRL on 17 October 2002, in the rank of specialist/(SPC)/E-4.
   
   b.  a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows on 16 October 2002, the applicant was honorably REFRAD for the purpose of retirement, by reason of disability temporary.  The DD Form 214 also confirms she held the rank of SPC/E-4 on the date of her REFRAD.  



5.  U.S. Army Physical Disability Agency (USAPDA) Orders D101-04, dated 
10 April 2007, directed the applicant’s removal from the TDRL on 10 April 2007, and permanent retirement by reason of disability on 11 April 2007.  The orders show a retired rank of SPC/E-4.  

6.  The applicant provides promotion list documents that show she was selected for promotion to SGT/E-5 and placed on the standing list with 457 points.  This point total increased to 515 points in October 1999, was reduced to 446 in June 2000, and to 396 points in September 2002. 

7.  The applicant also provides DA Forms 3355 (Physical Profile) that shows she received a P3 profile in the lower extremities on 14 January 2000.  The
14 January 2000 DA Form 3349 indicates she was able to walk at own pace and distance in item 6 (Aerobic Conditioning Exercises) and that she was able to do the push-up and sit-up events of the APFT.  The unit commander submitted a memorandum on 26 April 2002, requesting the applicant’s old APFT be used and that she be promoted as an exception to policy based on the July 2002 cut-off score.  On 23 May 2002, this request was returned without action by the MILPO. 

8.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the applicant’s enlisted promotion and reduction policy.  Chapter 3 contains guidance on semi-centralized promotions to SGT/E-5 and staff sergeant/ (SSG)/E-6.  It states all Soldiers must have a current APFT to qualify for promotion.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct her record to show she was promoted to SGT/E-5 based on meeting the cut-off score in May 2002 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record confirms the applicant did not have a current APFT score in May 2002 and her promotion point total was adjusted to 396 points.  The physical profile provided by the applicant indicates she was able to do both the push-up and sit-up events of the APFT.  There is no indication she was exempted from taking the APFT prior to July 2002.   

3.  Notwithstanding the applicant's commanders request that she be promoted as an exception to policy, absent any evidence of record corroborating the basis for the MILPO denial and her removal from the promotion standing list, it must be presumed the action was appropriately taken based on her failure to meet APFT standards.  


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)                                         AR20110021671



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021671



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1