IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003417
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, in effect:
* promotion to the rank/grade of master sergeant (MSG)/E-8
* correction of items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 December 2006 to show his rank/grade as MSG/E-8
* advancement on the Retired List to the rank/grade of MSG/E-8
2. The applicant states:
* he was stationed at Logistical Support Area (LSA) Anaconda, Balad, Iraq in 2005
* he attempted to submit his promotion packet to be considered for promotion to MSG
* his promotion packet was rejected due to his age and his inability to complete the service remaining requirement prior to reaching his mandatory removal date at maximum age
* he was ordered out of Iraq for medical reasons, sent to Fort Dix, NJ, and placed on medical hold
* he was transferred to the Retired Reserve on 11 December 2006
3. The applicant provides:
* Orders 343-0001, issued by Headquarters, U.S. Army, Fort Dix, NJ, dated 9 December 2006
* DD Form 214 for the period ending 11 December 2006
* his promotion packet, consisting of:
* 77th Regional Support Command (RSC) Senior Enlisted Promotion Checklist
* 77th RSC Senior Enlisted Promotion Board Preference Statement
* Orders 04-217-00109, issued by the 77th RSC, Fort Totten, NY, dated 4 August 2004
* DA Form 2a (U.S. Army Reserve (USAR) (Personnel Qualification Record), dated 23 February 2005
* DA Form 2-1 (Personnel Qualification Record Part II), dated 20 July 2004
* DA Form 87 (Certificate of Training) for Military Intelligence Advanced Noncommissioned Officer Course (ANCOC) Phase II for the period
10-21 July 2000
* DA Form 1059 (Service School Academic Evaluation Report), dated
14 April 1996
* Transcripts from St. Louis Community College issued on 20 April 2005
* Operation Iraqi Freedom Certificate of Appreciation for the period
19 March to 11 April 2003
* Permanent Orders 182-002, issued by Headquarters, U.S. European Command, dated 1 July 2003
* Award citation for the Joint Service Achievement Medal, U.S. European Command
* Award certificate for the U.S. European Command Joint Service Achievement Medal for the period 8 February 2002 to 7 February 2003
* Height/Weight Statement, dated 9 May 2005
* DA Form 705 (Army Physical Fitness Test Scorecard) for test dated
12 February 2005
* DA Form 3349 (Physical Profile), dated 4 February (year unknown)
* Orders 319-47, issued by the U.S. Total Army Personnel Command, St. Louis, MO, dated 14 November 2000
* Memorandum for Record, subject: Verification of Personnel Security Clearance, dated 20 April 2005
* Memorandum to the President of the 77th Regional Readiness command (RRC) Senior Enlisted Promotion Board, undated
* DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)), for the period February 2002 through January 2003
* NCOER for the period February 2004 through August 2004
* DD Form 214 for the period ending 2 February 2003
* DD Form 214 for the period ending 25 September 1999
* Orders 94-137-021, issued by the Headquarters, U.S. Army Reserve Command (USARC), Atlanta, GA, dated 20 April 1994
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 12 January 1946.
2. On 17 October 1966, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty (MOS) 95B (Military Policeman). On 5 April 1968, he was honorably released from active duty and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.
3. On 27 November 1976, after a break in service, he enlisted in the USAR. His record shows he served in MOS 96D (Imagery Analyst) and MOS 96B (Intelligence Analyst), through multiple periods of reenlistment or extension in a variety of stateside and overseas assignments. He attained the rank/grade of sergeant first class (SFC)/E-7.
4. Orders 04-217-00109, issued by the 77th RSC, Fort Totten, dated 4 August 2004, ordered him to active duty effective 11 September 2004.
5. Orders 343-0001, issued by Headquarters, U.S. Army, Fort Dix, dated
9 December 2006, ordered his retirement effective 11 December 2006 and placement on the Retired List effective 12 December 2006.
6. On 11 December 2006, he was honorably retired by reason of temporary disability. The DD Form 214 he was issued shows he completed 2 years,
3 months, and 1 day of net active service this period; 6 years, 5 months, and 19 days of total prior active service; and 27 years, 27 years, 3 months, and 25 days of total prior inactive service. He was retired in the rank/grade of SFC/E7.
7. His available record contains no indication he was considered for promotion to MSG/E-8.
8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing the promotion and reduction of Army enlisted personnel, including those in the USAR. Chapter 5 prescribes policy for the promotion of USAR Soldiers assigned to Troop Program Units (TPU) of the USAR, Army Reserve Elements, and multi-component units. It states in:
* paragraph 5-32, upon reaching age 57, USAR Soldiers are no longer eligible for promotion consideration
* paragraph 5-42, USAR Soldiers who accept promotion to SFC or a higher rank/grade incur a 2-year TPU service remaining requirement from the effective date of promotion
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be promoted to MSG/E-8 and advanced on the Retired List, and his DD Form 214 should be corrected to show he was separated from service in the rank/grade of MSG/E-8.
2. The evidence of record does not show he was considered for promotion. To the contrary, it shows he was ineligible for consideration due to his age, proximity to his mandatory removal date for maximum age, and inability to comply with a service remaining requirement upon promotion to a senior grade. Accordingly, he was properly placed on the Retired List in his rank/grade of SFC/E-7.
3. In view of the foregoing, there is no basis for granting the applicant's 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.
ABCMR Record of Proceedings (cont) AR20110015712
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120003417
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070007821
The 343rd Combat Support Hospital, Brooklyn, New York, Report of Promotion Board Proceedings for Promotion to SGT/E-5 and SSG/E-6, dated 5 October 1995. c. Department of the Army, Headquarters, 77th RSC, Fort Totten, New York, Promotion Orders Number 72-2, to SGT/E5, dated 5 March 1996. d. DA Form 4187 (Personnel Action), dated 11 June 1996, request for correction of DOR, together with the commander's endorsement, dated 18 July 1996, and the 77th RSC response, dated 13 September 1996. There...
ARMY | BCMR | CY2012 | 20120015207
The applicant states she was transferred to a promotion-eligible position and promoted to the rank/grade of MSG/E-8 on 1 September 2010. On 22 December 2010, the applicant was notified by a member of the Enlisted Management Branch, 99th RSC, that based on current selection and promotion policy procedures as outlined in Army Regulation 600-8-19 and U.S. Army Reserve Command (USARC) G1 promotion guidance, the transfer from her promoted unit (0301 IO BN) was an improper action and an error in...
ARMY | BCMR | CY2014 | 20140017151
Requests for promotion orders for ADOS Soldiers recommended for promotion by a TPU promotion selection board must be submitted to the appropriate RSC." The selection board convened on or about 7 August 2012 and considered Soldiers for promotion as shown below: * non-mobilized IRR, IMA, and Standby Reserve (Active List) Soldiers * mobilized IRR, IMA, and Standby Reserve (Active List) Soldiers to the ranks of SFC through SGM * ADOS Soldiers to the ranks of SSG through SGM that entered ADOS...
ARMY | BCMR | CY2013 | 20130016939
Application for correction of military records (with supporting documents provided, if any). A DD Form 214, as corrected by two DD Forms 215 (Correction to DD Form 214) show the FSM was honorably released from active duty (REFRAD) on 10 June 1991 and transferred to a USAR unit. The instructions show for: (1) items 4a and 4b, enter the rank and pay grade in which serving at the time of separation, and (2) item 12h, enter the effective date of promotion to pay grade.
ARMY | BCMR | CY2011 | 20110021246
On 3 January 2012 in a response to the advisory opinion, the applicant stated he was supplying documentation to show he was assigned to an LTC position on 28 January 1998 and he had a current physical on file at that time. The evidence of record shows the 2003 SSB selected the applicant for promotion to LTC under the 1997 LTC APL board criteria. The Chief, Promotions, HRC, opined that if documentation was provided to verify the applicant was assigned to an LTC position prior to 29 May 1998...
ARMY | BCMR | CY2010 | 20100024926
Orders C-09-521084, issued by HRC on 21 September 2005, releasing her from the USAR Control Group and reassigning her to the 77th RRC, Fort Totten, NY, effective 21 September 2005. b. DA Form 2A (Personnel Qualification Record), dated 1 April 2011, showing the applicant was assigned to HHC, 77th RRC on 22 September 2005, in paragraph/line number 019/02, position title executive officer, and an authorized grade of O-3. The effective date of promotion and DOR will be the same as if the...
ARMY | BCMR | CY2013 | 20130006686
The applicant requests the effective date of his reduction order be changed from 21 June 2011 to 13 July 2012 or his debt for overpayment of Basic Pay and Basic Allowance for Housing (BAH) due to the reduction in rank be remitted. The letter states: * that office conducted a thorough inquiry into his request for assistance * their inquiry determined the date of reduction was valid * the source document was the DA Form 4856, signed on 21 June 2011, in which he elected to take a voluntary...
ARMY | BCMR | CY2010 | 20100026207
On 24 December 2002, Headquarters, 78th Division, Edison, NJ, published Orders 02-358-00003 ordering the applicant's honorable discharge from the USAR, effective 30 November 2002, after having achieved maximum authorized years of service as a MSG/E-8 (32 years). The applicant was promoted to CSM on 1 December 1997 but his orders were revoked and he received new orders on 3 March 1998 promoting him to SGM/E-9 contingent upon completion of Sergeant Major's Course with 2 years. ...
ARMY | BCMR | CY2010 | 20100024351
Headquarters, USARC Orders 09-072-00007, dated 13 March 2009, promoted her to sergeant major in MOS 42A with an effective date of 15 January 2009. In her request she stated a MSG at USARC stated she wasn't the only SGM whose promotion orders were revoked. USARC stated the applicant's promotion board was from 16 - 20 January 2007.
ARMY | BCMR | CY2006 | 20060017205C071029
The applicant requests, in effect, that his records be corrected to show he enlisted in the Regular Army on 11 October 2006 in the rank and grade of Master Sergeant (MSG), E-8. He was honorably discharged from the Regular Army on 31 March 1998 in the rank and grade of SSG, E-6. The advisory opinion stated that it was determined the applicant’s enlistment grade of E-6 was correct and that he could request a [SSG] date of rank correction in accordance with Army Regulation 600-20 (Army...