IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120005721
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 promotion from sergeant (SGT) to staff sergeant (SSG), effective 1 May 2011.
2. He states:
a. he turned in his promotion documents on 7 April 2011 assuming he had until the normal monthly deadline of 8 April 2011.
b. he was not informed by S-1 that he had to have his record updated by 5 April 2011 for validation for the 1 May 2011 promotion board.
c. he had no way of knowing the deadline was moved for the month of April to incorporate the new Army promotion system. He feels if he had been informed by S-1 that the date had been moved up for the month, he would have submitted his documents on time.
d. he submitted an exception to policy to the U.S. Army Human Resources Command (HRC), but it was disapproved because the S-1 had lied on the exception to policy letter stating the documents were submitted on 6 April 2011.
e. he never received a copy of the memorandum requesting an exception to policy. He states his college transcript he submitted was dated 7 April 2011.
3. He provides a memorandum from HRC and promotion point documents.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of SGT.
2. He enlisted in the Regular Army on 1 October 2003 and continued to serve on active duty through a series of reenlistments.
3. He provided the following documents which he included in his promotion packet:
Document(s)
Dated
Remarks
Certificate of Training
24 to 27 May 2004
Completed 28th Transportation Drivers Training Program (40 hours)
Certificate
17 to 21 May 2005
Completed Mobile VACIS (Vehicle and Cargo Inspection System) Operator Course
Permanent Order 229-06
17 August 2005
Awarded Drivers and Mechanic Badge with Mechanic Component Bar
Permanent Orders 324-080
20 November 2005
Awarded Combat Action Badge
Certificate
23 October 2005
Awarded Army Commendation Medal
Certificate of Training
15 August to 20 September 2006
Completed 160th Special Operations Aviation Regiment (Airborne) Basic Mission Qualification Training Course
Certificate of Training
6 to 12 September 2006
Completed 160th Operations Aviation Regiment (Airborne) Combatives Trainer Course Level I
Permanent Orders Number 317-19
13 November 2006
Awarded Army Good Conduct Medal (1st Award)
Certificate and DA Form 1059 (Service School Academic Evaluation Report)
21 May 2008
Completed Warrior Leader Course
Certificate
22 October 2008
Awarded Army Commendation Medal
Certificate
19 February 2009
Awarded Army Achievement Medal
Certificate of Training
1 to 12 June 2009
Completed Level II of the Modern Army Combatives Program
DA Form 3595 (Record Fire Scorecard)
16 December 2009
Qualified as Expert
Permanent Orders 013-5
13 January 2010
Awarded Army Good Conduct Medal (2nd Award)
Document(s)
Dated
Remarks
Permanent Orders 243-3035
31 August 2010
Awarded Parachutist Badge
DA Form 705 (Army Physical Fitness Test Scorecard)
28 February 2011
Scored 300 total points
DA Form 5500 (Body Fat Content Worksheet)
28 February 2011
Applicant was in compliance with Army standards
Enlisted Record Brief
2 March 2011
Had 712 promotion points as of June 2010
Transcript from North Central Institute
7 April 2011
Completed 71 credit hours
Listing of courses completed during 2007, 2010, and 2011
4. In a 16 June 2011 memorandum, the Chief, Enlisted Promotions Branch, HRC, disapproved the request for an exception to policy for the applicant. The memorandum indicated:
a. the Army implemented the new Semi-Centralized Promotion System on 2 May 2011, for 1 June 2011 promotions. In order to transition to the new system, the previous system was shutdown on 6 April 2011, requiring promotion points to be validated on 5 April 2011 for 1 May 2011 promotions.
b. the timeline for the DA Form 3355 (Promotion Point Worksheet) shutdown on 6 April 2011 was announced via MILPER (Military Personnel) Message
11-084, S-1 Net, and the Army Times.
c. the applicant turned in additional points on 6 April 2011. This did not allow sufficient time for the system to capture the updated credit hours and validate promotion points to affect 1 May 2011 promotion.
d. there are no exceptions to the timeliness established for 1 May 2011 promotions.
5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) governs the enlisted promotions and reductions function of the military personnel system. Chapter 3 of this regulation governs semi-centralized promotions to SGT and SSG. Promotion point cutoff scores are determined and announced monthly for each military occupational specialty (MOS) on the basis of the scores reported by the field and the needs of the Army by grade and MOS.
6. MILPER Message 11-084 (Army Correspondence Courses for Promotion Points) provides procedural guidance for the new Semi-Centralized Promotions System that was implemented on 1 June 2011. It applies to all Active Component and U.S. Army Reserve, and Active Guard Reserve Soldiers. The message states, in part, Brigade (Bde)/Battalion (Bn) S-1 and Unit Human Resources (HR) Specialists will:
a. assist Soldiers with updating their personnel records through eMILPO (Electronic Military Personnel Office) and updating training records through S3/G3 ATTRS (Army Training Requirements and Resources System) Representative. Special attention should be paid to the following data fields on the Soldier's Enlisted Records Brief (ERB): overseas tour length, combat experience, weapons qualification, physical fitness, military awards and decorations (awards, badges and certificate of achievements), military education, academic achievements for Noncommissioned Officer Education System, completed correspondence courses, distance and E-learning, civilian education, and technical certifications.
b. ensure Soldiers who are Airborne qualified and receiving hazardous duty pay are properly slotted in an Airborne position or they will not get Airborne advantage points.
c. ensure those Soldiers with a valid Defense Language Proficiency Test and proficiency rating of 1/1 (listening/reading or speaking) that the date has not exceeded more than one year.
d. provide a copy of the promotion board proceedings to all promotable Soldiers after approved by the promotion authority.
e. effective 2 May 2011, Bde/Bn S-1s will have permissions to view and
edit the Promotion Point Worksheet (PPW).
7. MILPER Message 11-084 also states Soldiers will be responsible for maintaining and safeguarding their own promotion related documents. It states Soldiers will:
a. report to S-3/G-3 ATTRS Representative for updates and ensure all training data is current and up to date.
b. report to their Bn S-1 HR Specialist or Military Personnel Division (MPD) for ERB updates through eMILPO.
c. receive a copy of the approved promotion board proceedings from S-1.
8. MILPER Message 11-084 listed the key dates as:
a. 7 March to 8 May 2011, the Bde/Bn, MPD and Unit HR Specialist will assist Soldiers with updating their personnel and training records through eMILPO and ATTRS. All promotable specialist (SPC) and SGT records must be updated by 8 May 2011 to ensure timely data accuracy before promotion selections are released for 1 June 2011.
b. 5 April 2011, last day for Bde/Bn S-1's to validate promotion scores for 1 May 2011 promotion selection in the current Semi-Centralized Promotion System. Results from all promotion boards must be entered into the system by 2 April 2011 to allow systems to update to the DA Form 3355.
c. 6 April 2011, access to the DA Form 3355 system will be shutoff.
d. 20 April to 8 May 2011, conduct Semi-Centralized promotion boards using the revised Semi-Centralized Promotion System to affect promotions for 1 June 2011.
e. 2 May 2011, the Automated PPW System will go live. Soldiers will be able to view calculated points migrated to the PPW from existing information in eMILPO and ATTRS.
f. 2 to 8 May 2011, the Bde/Bn will review the automated PPW and verify accuracy of promotion scores for promotable SPC and SGTs.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions in regard to him being promoted to SSG, effective 1 May 2011, are acknowledged. However, the evidence of record does not indicate that an error or injustice exists in this case.
2. The Army implemented the new Semi-Centralized Promotion System on 2 May 2011, for 1 June 2011 promotions. In order to transition to the new system, the previous system was shutdown on 6 April 2011, requiring promotion points to be validated on 5 April 2011 for 1 May 2011 promotions.
3. The applicant states he turned in his promotion documents on 7 April 2011. Therefore, this did not allow sufficient time for the system to record the updated credit hours and validate promotion points to affect 1 May 2011 promotion.
4. He contends he was not informed by the S-1 that he had to have his record updated by 5 April 2011 for validation for 1 May 2011 promotion board and he had no way of knowing the deadline was moved for the month of April to incorporate the new Army promotion system. However, information regarding the timeline was announced in MILPER Message 11-084, S-1 Net, and the Army Times. Additionally, he did not provide any evidence showing his S-1 failed to provide timely information or that he could not have obtained the information from the other sources (i.e., S-1 Net and Army Times).
5. Although he contends the S-1 lied on the exception to policy letter indicating the documents were turned in on 6 April 2011, his service record is void of evidence to support his claim. In addition, 6 April is only one day earlier than the date he contends he submitted the paperwork, and both days were too late.
6. Based on the foregoing, there is no basis for granting the 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 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) AR20120005721
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ABCMR Record of Proceedings (cont) AR20120005721
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