IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120006940
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 rank (DOR) and effective date to sergeant first class (SFC)/E-7 from 1 April to 1 January 2012.
2. The applicant states:
* he was promoted to SFC/E-7 on 1 January 2012 but his orders were rescinded because he was assigned to a position that was filled
* he had nothing to do with the unit reporting incorrect information that led to his promotion orders being rescinded
* although he was later promoted on 1 April 2012, he should not be penalized for someone else's reporting issue
3. The applicant provides his promotion and rescinded promotion orders.
CONSIDERATION OF EVIDENCE:
1. Having had prior service, the applicant reenlisted in the U.S. Army Reserve (USAR) on 11 April 1999 and held military occupational specialty (MOS) 91W (now MOS 68W) (Health Care Specialist).
2. On 19 January 2012, Headquarters (HQ), 81st Regional Support Command (RSC), Fort Jackson, SC, published Orders 12-019-00002 promoting him to SFC/E-7 with an effective date and DOR of 1 January 2012.
3. On 30 January 2012, HQ, 81st RSC, Fort Jackson, SC, published Orders
12-030-00065 revoking the above promotion orders.
4. On 1 April 2012, HQ, 81st RSC, Fort Jackson, SC, published Orders
12-092-00005 promoting him to SFC/E-7 with an effective date and DOR of
1 April 2012.
5. An advisory opinion was obtained from Headquarters, USAR Command, Fort Bragg, NC, dated 1 May 2012, in the processing of this case. This official recommended disapproval of the applicant's request. The official stated:
a. In accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), Soldiers recommended for promotion are integrated onto an order of merit list called the Permanent Promotion Recommended List (PPRL). These lists are managed by the servicing RSC for the geographical region. As vacant positions are reported, the RSC will identify the first Soldier on the list who meets the reporting requirements of these positions within their MOS and Soldier-elected travel distance.
b. In accordance with HQ, Office of the Chief, Army Reserve, Memorandum, dated 17 February 2009, Subject: Holding Positions for Mobilized Soldiers, positions vacated by Soldiers upon involuntary mobilization or cross-leveled for mobilization will be reserved pending the demobilization of the involuntarily mobilized Soldier.
c. The applicant was recommended for promotion in MOS 68W on the August 2011 promotion board and elected a distance of 50 miles. He was erroneously promoted into a position held for a cross-leveled Soldier. Once the error was identified, the servicing RSC attempted to locate another position for the applicant's MOS and his elected commuting distance; however, none was available at that time. Therefore, his promotion orders were revoked.
d. On 30 January 2012, the applicant submitted an updated mileage election form. The new election (250 miles) resulted in the applicant's identification for another position during the next slating cycle. Accordingly, he was promoted on 1 April 2012.
6. The applicant was provided a copy of this advisory opinion but he did not respond.
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel. Chapter 5 prescribes policy for the promotion of USAR Soldiers assigned to troop program units.
DISCUSSION AND CONCLUSIONS:
1. The applicant was recommended for promotion to SFC/E-7 and his name was incorporated into the regional promotion board recommended list. It appears a vacant position opened up due to another Soldier's mobilization.
2. The applicant was erroneously promoted on 1 January 2012 against this vacated position. However, once the error was discovered, the servicing RSC attempted to locate a position for him within his elected commuting distance but none could be found. Accordingly, his promotion orders were revoked. Once he updated his commuting distance, the RSC was able to locate a vacant position for him and he was accordingly promoted on 1 April 2012.
3. Although the applicant was promoted on 1 January 2012, this promotion was in error. Nevertheless, the servicing RSC appears to have gone the extra distance to support the applicant's promotion. Once the applicant updated his commuting distance, he was promptly promoted. Since the applicant was appropriately promoted there is neither an error nor an injustice and, as such, no reason to change his effective date of promotion or DOR.
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) AR20120006940
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ABCMR Record of Proceedings (cont) AR20120006940
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