IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20120003865
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 her record be corrected to show she was promoted to sergeant/E-5 on 1 November 2011 vice 1 February 2012.
2. The applicant states that as a result of her September 2011 promotion board results being sent to the wrong Regional Support Command (RSC), her promotion which could have occurred on 1 November 2011 was delayed until
1 February 2012.
3. The applicant provides the following documents in support of her request:
* Electronic Mail (e-mail) Messages, dated between January and February 2012
* Promotion Packet
* 16 September 2011 Promotion Board Proceedings Memorandum
* Vacancy Lists
CONSIDERATION OF EVIDENCE:
1. The applicant was recommended for promotion to SGT/E-5 by a local unit promotion board on 16 September 2011, and her promotion packet was forwarded to the 63rd RSC where she was integrated onto that units promotion standing list.
2. On 20 January 2012, Headquarters, 81st RSC Orders 12-020-0004 authorized and announced the applicants promotion to SGT/E-5 in MOS 46R effective 1 February 2012.
3. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Management Division, United States Army Reserve Command (USARC), Fort Bragg, North Carolina. USARC officials recommend approval of the applicants request. The basis for this request is that the results of the applicants September 2011 promotion board were erroneously forwarded to the 63 rd RSC which resulted in the applicant being incorporated onto that units promotion standing list. However, based on her home of record, the applicants promotion board results should have been forwarded to the 81st RSC and if they had, she would have been eligible for promotion in November 2011 based on the existence of a vacancy within her military occupational specialty (MOS) and geographic commuting distance. The applicant was provided a copy of this advisory opinion on 16 April 2012 and to date has failed to reply.
4. Army Regulation 600-8-19 (Enlisted Promotions and Reductions)
prescribes the Armys enlisted promotion and reduction policy. Chapter 5 contains the policy for promotion of United States Army Reserve (USAR) Soldiers assigned to Troop Program Units, Army Reserve Elements or Multicomponent Commands or Units. It states the Regional Reserve Command (RRC) is the convening authority for all USAR units, elements, and Soldiers. Promotions are made from Regional promotion standing lists based on vacancies within the regional area of responsibilities.
DISCUSSION AND CONCLUSIONS:
The applicants request for correction of her promotion effective date and date of rank has been carefully considered and found to have merit. As confirmed by the USARC advisory opinion, the applicants promotion packet was erroneously sent to the wrong RSC through no fault of the Soldier, and had it been properly forwarded to the 81st RSC the applicant would have been promoted to SGT/E-5 effective 1 November 2011. Therefore, the administrative errors made in the processing of the applicants promotion packet which was though no fault of hers, it would be appropriate and serve the interest of justice and equity to correct her record to show she was promoted to SGT/E-5 effective and with a date of rank of 1 November 2011. Further, based on this correction the applicant should be provided all back pay and allowances due as a result.
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 she was promoted to sergeant/E-5 effective and with a date of rank of
1 November 2011; and by 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.
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