IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120004329 


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 promotion to sergeant/E-5 from 1 February 2012 to the first possible promotion date after being approved by the promotion board.

2.  He states his name was not added to the Permanent Promotion Recommended List (PPRL) because his promotion board results were sent to the wrong Regional Support Command (RSC).  This resulted in not being promoted until 1 February 2012 when he could have been promoted earlier.

3.  He provides:

* promotion orders
* promotion board proceedings
* promotion board members list
* Packet Composition and Preference Proposed U.S. Army Reserve Command (USARC) Form
* DA Form 3355 (Promotion Point Worksheet)
* electronic communications regarding military occupational specialties (MOS) 46R (Public Affairs Broadcast Journalist) and 46Q (Public Affairs Specialist) vacancies
* 81st RSC Active PPRL (December 2011 and January 2012)



CONSIDERATION OF EVIDENCE:

1.  On 22 July 2005, he enlisted in the USAR in pay grade E-1.  He was advanced through the ranks to specialist/E-4.

2.  He submits a Packet Composition and Preference Proposed USARC Form that shows on 1 September 2011 he agreed to travel up to 125 miles from his residence to serve in the duty position to which promoted.

3.  A DA Form 3355 shows he had earned 289 promotion points effective 9 September 2011.

4.  A Headquarters, 4th Expeditionary Sustainment Command (ESC), memorandum shows he was recommended for promotion to sergeant/E-5 by the 4th ESC Enlisted Promotion Board that convened on 16 September 2011.  The recommended MOS for his promotion was 46Q.

5.  Headquarters, 81st RSC, Orders 12-020-00005 were published promoting him to sergeant/E-5 effective 1 February 2012.  The promotion was based on a duty position vacancy in the 319th Mobile Public Affairs Detachment (MPAD) located in Columbia, SC (unit identification code WTHNAA, position 0345, paragraph 102, line 05).

6.  Electronic communications indicate the board results for two Soldiers were erroneously sent to the 63rd RSC and were never forwarded to the 81st RSC.  It further indicated that both Soldiers had been added to the database and would appear on the PPRL.

	a.  On 7 February 2012, the 319th MPAD First Sergeant requested a list of the MOS 46R and 46Q vacancies for the months of October 2011 through January 2012.

	b.  On 8 February 2012, an 81st RSC human resources specialist indicated to the 319th MPAD First Sergeant that since the Soldiers were boarded on 21 September 2011, and if the 81st RSC would have received their board results in a timely manner, the first month of eligibility for promotion would have been November 2011.  She further stated she had included the list of October vacancies as requested even though the vacancies would not have been valid for these Soldiers to fill in October.

7.  The applicant submits a list of 46R and 46Q E-5 and E-6 position vacancies for the months of October 2011 through January 2012.

	a.  This list shows the position into which he was promoted was vacant in January 2012, i.e., the position was a valid vacancy on his 1 February 2012 promotion date.

	b.  This list further shows there was a 46Q E-5 vacancy in the same unit in October 2011.  The 81st RSC active PPRL's effective 15 December 2011 and 15 January 2012 show this position was subsequently filled by a promotion based on 238 promotion points.

8.  During the processing of the applicant's case an advisory opinion was obtained from the USARC, Deputy Chief of Staff G-1.  It recommended approval of his request for an adjustment to his date of rank with an effective date of 1 November 2011.  The USARC G-1 stated that based on the applicant's home of record, his board results should have been sent to the 81st RSC instead of the 63rd RSC.  Had the board results been submitted in a timely manner to the 81st RSC, his first month of eligibility for promotion would have been November 2011.  During that time frame, a vacancy existed within his MOS and within his geographical commuting distance.  He could have been promoted effective 1 November 2011.

9.  On 17 April 2012, a copy of the advisory opinion was forwarded to the applicant for his information and possible rebuttal.  To date, there has been no response.

10.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Promotions will only be made against a current vacancy to which the Soldier is or will be assigned.  A promotion is not valid and the promotion order will be revoked if the Soldier is not or was not in a promotable status on the effective date.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant had earned 289 promotion points toward promotion to sergeant/E-5 effective 9 September 2011.  While the Soldiers' names are not listed in the emails, the evidence indicates the applicant was one of the Soldiers referenced in these electronic communications indicating their board results were erroneously sent to the incorrect RSC and their names added to the incorrect PPRL.  Due to this administrative error the applicant's promotion was effective 1 February 2012.  However, had his board results been sent to the 81st RSC and processed in a timely manner and based on the fact there was a valid E-5 position vacancy in his MOS, he would have been promoted to sergeant /E-5 effective 1 November 2011.

2.  Therefore, it would be equitable to amend the applicant's effective date of promotion and date of rank to 1 November 2011.  In addition, he should be provided all pay and allowances due as a result of this correction.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by amending his effective date of promotion and date of rank to sergeant/E-5 to 1 November 2011.

2.  The Board further recommends that the Defense Finance and Accounting Service review his military pay account to determine the amount of pay he is owed as a result of the above correction and provide him all back pay and allowances.



      _________________________
       	     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)                                         AR20120004329



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ABCMR Record of Proceedings (cont)                                         AR20120004329



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