IN THE CASE OF:	  

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023921 


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 she was promoted to staff sergeant (SSG)/E-6 with a date of rank (DOR) and effective date of 
1 October 2011. 

2.  The applicant states her promotion packet was inadvertently submitted to the wrong personnel for processing and as a result, it was not processed in time for her to be incorporated onto the Active Guard Reserve (AGR) promotion standing list in the August/September timeframe which would have qualified her to be promoted to SSG/E-6 on 1 October 2011 when she met the promotion cut-off score.  

3.  The applicant provides the following documents in support of her request:

* DA Form 2823 (Sworn Statement) from the Sergeant Major (SGM), Army Reserve Affairs Office (ARAO), Bagram Air Base, Afghanistan
* Headquarters, U.S. Army Human Resources Command (HRC) AGR Cut-Off Scores for October 2011
* Electronic Mail (e-mail) messages with the ARAO SGM, dated between 
16 and 24 September 2011
* Task Force 44 MED, Bagram, Afghanistan Promotion Board Memorandum for August 2011
* Promotion Packet
* Commander Promotion Recommendation Memorandum, dated 8 July 2011
* Promotion List 
CONSIDERATION OF EVIDENCE:

1.  The record shows the applicant went before a unit junior enlisted promotion board in Afghanistan on 1 August 2011.  She was recommended for promotion to SSG/E-6 by the promotion board and the board proceedings were approved by the Task Force Med, Afghanistan Commander, a colonel, on 2 August 2011.  Her promotion packet was forwarded to the 63rd Regional Support Command for incorporation on the promotion list, on 11 August 2011, and she was erroneously incorporated onto the Troop Program Unit (TPU) promotion standing list on 
23 August 2011.  

2.  On 23 September 2011, the applicant was finally integrated into the AGR Information Management System (AGRIMS) for incorporation onto the HRC promotion standing list with 522 points.  

3.  On 15 September 2011, HRC announced the SSG/E-6 promotion cut-off scores for October 2011.  The applicant met the cut-off score for her military occupational specialty (MOS). 

4.  In connection with the processing of this case an advisory opinion was obtained from the Headquarters, United States Army Reserve Command (USARC) Chief, Personnel Management Division, Fort Bragg, North Carolina. Subsequent to their review, USARC officials recommend the applicant be promoted to SSG/E-6 effective 1 October 2011.  The basis for this recommendation is that after the applicant was selected for promotion by a promotion board in Afghanistan on 1 August 2011, her promotion packet was forwarded to the 63rd Regional Support Command; however, when it reached the junior enlisted promotion section, on 23 August 2011, the applicant was erroneously placed on the TPU promotion list.  This USARC official further states the applicant’s promotion packet finally reached the AGR enlisted promotion section on 22 September 2011 and the reviewer discovered promotion point miscalculations that were not the fault of the applicant.  Once corrected, the applicant’s promotion points were entered into the AGRIMS on 24 September 2011.  The USARC official confirmed that had the issues with the applicant’s promotion packet been resolved prior to 27 August 2011, which was the cutoff date for input, the applicant would have been placed on the HRC AGR monthly by-name promotion standing list in September 2011 and would have been promoted to SSG/E-6, effective 1 October 2011.  

5.  On 3 April 2012, the applicant concurred with the USARC advisory opinion.  



6.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) 
prescribes the Army’s enlisted promotion and reduction policy.  Chapter 3 contains the policy for semi-centralized promotions to sergeant (SGT) and SSG.  It states, in effect, that field grade commanders have the authority to promote SGT's and SSG's and that field operations will handle board appearances, promotion point calculations, promotion list maintenance, and the final execution of the promotions occur in the field in a decentralized manner.  Headquarters, Department of the Army (HQDA) will handle promotion cut-off scores and the monthly SGT/SSG promotion selection by name list which are determined and announced monthly.  HQDA and HRC will determine the needs of the Army by grade and MOS.  A Soldier’s total points are forwarded through the appropriate database, as determined by HRC, to the automated system.  

DISCUSSION AND CONCLUSIONS:

The applicant’s request to be promoted to SSG/E-6 effective 1 October 2011 has been carefully considered and found to have merit.  As confirmed by the USARC advisory opinion, had the applicant’s promotion packet been processed in a timely manner she would have met the cut-off score for promotion and been promoted to SSG/E-6 effective and with a DOR of 1 October 2011.  Therefore, given the administrative errors in the processing of the applicant’s promotion packet which were though no fault of the applicant it would be appropriate and serve the interest of justice and equity to correct the applicant’s record to show she met the promotion list requirements to be promoted to SSG/E-6 when she met the cut-off score on 1 October 2011.  Further, the applicant should be provided all back pay and allowances due as a result of her promotion.  

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was promoted to SSG/E-6 effective and with a DOR of 
1 October 2011 and providing her all back pay and allowances due as a result.  



      _______ _   _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)                                         AR20110023921



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ABCMR Record of Proceedings (cont)                                         AR20110023921



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