IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120014904 


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 Enlisted Record Brief (ERB) to reflect the correct date and number of promotion points to sergeant (SGT)/E-5
* retroactive promotion to SGT/E-5 with a date of rank (DOR) and effective date of 1 June 2011

2.  The applicant states:

	a.  His ERB should be corrected to accurately reflect the date and correct number of promotion points he earned.  He repeatedly turned documents in to his unit S-1 and the In/Out Processing Center at Fort Polk, LA.  He should be retroactively promoted to SGT with a DOR of 1 June 2011.  Each time he turned in documentation [for promotion points], he followed up, begged for his records to be corrected, and was blown off.  He kept going back and was eventually told it would work itself out when the new program took over.  He believes he was set up for failure.

	b.  On 1 January 2009, he took the Army Physical Fitness Test (APFT) and earned a score of 266.  On 1 March 2009, he qualified with his weapon and earned 35 points.  On 9 November 2008, he received an Army Commendation Medal and on 24 December 2008, he received the Combat Action Badge.  The S-1 of his previous unit, the 2nd Battalion, 30th Infantry, Fort Polk, LA, did not turn his cards in so the points on his initial Promotion Point Worksheet (PPW) 


were incorrect.  In addition, the awards were not reflected on his ERB.  On 21 June 2010, he received the Army Good Conduct Medal which also was not reflected on his ERB.

3.  The applicant provides:

* six ERBs, dated between 3 November 2010 and 16 July 2012
* a DA Form 705 (APFT Scorecard)
* two pages titled Specialist (SPC) TC
* two DA Forms 3355 (PPW))
* one page, undated, titled Active Enrollments:  SPC TC
* one page, undated, titled Historic Enrollments:  SPC TC
* Memorandum for Record, dated 21 February 2012 (intermediate commander)
* Memorandum for Record, dated 21 February 2012 (senior commander)
* Memorandum for Record, dated 19 October 2011 (squad leader)
* Promotion Point Cutoff Scores for 1 June 2011
* Self-authored timeline
* Denial memorandum, dated 18 April 2012, from the U.S. Army Human Resources Command (HRC)

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant's records show he enlisted in the Regular Army on 30 January 2007 and he held military occupational specialty (MOS) 25U (Signal Support System Specialist).  

2.  On 2 November 2007, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 30th Infantry Regiment, Fort Polk, LA.  He attained the rank/grade of specialist (SPC)/E-4 on 30 January 2009.

3.  He submitted a DA Form 3355, dated 27 January 2012.  This form shows he was recommended by a board for promotion to SGT on that date.  A breakdown of his promotion points is as follows:

* Performance/Military Training			183 out of 250 points
* Administrative							100 out of 400 points
* Board Evaluation						148 out of 150 points
* Total										431 out of 800 points


4.  A further breakdown of his promotion points is as follows: 

	a.  His last APFT date was 1 October 2009 and he scored 180 out of 300 for 5 promotion points.  His last weapons qualification date was 1 April 2009 and he scored 30 for 28 promotions points.  He was awarded 20 promotion points for his Army Commendation Medal, dated 9 November 2008, and 15 promotion points for his Combat Action Badge, dated 24 December 2008.

	b.  He was credited with completion of 148 correspondence hours for 
29 points and he completed 24 credit/quarter hours of civilian education for 
36 points.

5.  His ERB, dated 3 November 2010, shows that on 12 April 2010, he was assigned to the Warrior Transition Unit (WTU), U.S. Army Medical Department Activity, Fort Polk, LA.

6.  The applicant provides a document, undated, wherein it indicated that on 13 April 2010 he turned in 24 college credits [to his unit].  It also showed that he was transferred to the WTU in June 2010 and from 9 to 16 June 2010, he successfully completed 85 hours of correspondence courses.  It further indicated that on 18 June 2010, he turned in the 85 hours of correspondence courses to the Fort Polk In/Out Processing Center, but only 17 hours were added to his ERB.

7.  His records contain a PPW Developmental/Self-Assessment Tool Promotion to SGT, dated 12 May 2011, wherein it shows the applicant was awarded a total of 181 promotion points.  He was awarded 40 promotion points for an APFT score of 180 on 1 April 2011; 0 promotion points for a weapons qualification score of 30 on 1 April 2009 (the weapons qualification date had to be no older than 24 months or no points would be awarded).  He was also awarded 26 promotion points for 13 months of deployment, for a total of 66 promotion points for military training.  He was awarded 60 administrative promotion points for his Army Good Conduct Medal, Army Commendation Medal, and Combat Action Badge.  He also received 7 promotion points for military education for the completion of a 38 hours correspondence course and 48 points for civilian education.   

8.  He provides multiple ERBs, ranging from 3 November 2010 to 16 July 2012, which show the promotion points below.  Each ERB contains local data, updated by his company/battalion S-1 and shows his last marksmanship qualification, APFT score and date, the number of semester hours completed, correspondence courses completed, and civilian education completed. 


* 13 April 2010, 435 points as of February 2010
* 3 November 2010, 445 points as of June 2010
* 23 August 2011, 418 points as of August 2011
* 29 September 2011, 428 points as of August 2011
* 28 February 2012, 428 points as of December 2011
* 12 June 2012, 428 points as of May 2012
* 16 July 2012, 432 points as of June 2012

9.  He submitted a memorandum of record, dated 19 October 2011, authored by his squad leader who states when the applicant arrived at the WTU in June 2010, his promotion points were incorrect.  His old unit did not update his ERB and he did not have the correct number of promotion points.  He was taken to the unit
S-1 as well as the personnel service company to get the matter resolved and was repeatedly told it would be taken care of.  On his last attempt he was told the personnel service company could not update his points because he did not bring the supporting document (correspondence courses) with him and that his unit    S-1 was responsible for updating his records. 

10.  On 21 February 2012, two memoranda for record were submitted by an intermediate and a senior commander of the U.S. Army Medical Department Activity, Fort Polk, LA, for an administrative record correction and retroactive promotion to SGT with a DOR of 1 June 2011.  Both commanders stated:

	a.  The applicant's promotion points as shown were not correct.  Due to deployment and subsequent medical proceedings his paperwork was misplaced and delayed in processing.

	b.  The applicant's APFT score of 180 was worth 5 promotion points as of 1 October 2009 and weapons qualification score of 30 was worth 28 promotion points as of 1 April 2009 for a total of 33 out of 100 points.  He actually had an APFT score of 266 worth 28 points (the date of this APFT is unclear), a weapons qualification score of 35, dated 21 March 2011, worth 43 points, for a total of 71 military training promotion points.  

	c.  He received 35 promotion points for his Army Commendation Medal and Combat Action Badge.  He actually received an Army Good Conduct Medal, dated 21 June 2010, for an additional 10 points.  His total should be 45 out of 
100 points. 

	d.  In addition to the 148 correspondence course hours that are worth 29 out of 200 points and were recorded as of 27 January 2010, the applicant had another 247 correspondence course hours as of 1 July 2010, worth 49 military education points.  He was recorded as having 24 hours of civilian education but had 66 hours as of 1 May 2011.  

	e.  As of 27 January 2010, the applicant was recorded as having 431 promotion points.  However, as of 1 May 2011, the applicant was recorded as having 562 promotion points.  The cutoff score for MOS 25U on 1 June 2011 was 510 promotion points; therefore, he should be promoted to SGT as of 1 June 2011.

11.  On 18 April 2012, the Chief, Enlisted Promotions, Promotions Branch, HRC, disapproved the request made by the applicant and/or his chain of command for an administrative record correction.  The HRC official stated HRC's Junior Enlisted Promotions records indicated that the applicant's correspondence course hours, APFT, and weapons qualification were not updated prior to the 15 May 2011 cutoff date.  He had 181 promotion points on his Promotion Point Worksheet, dated 12 May 2011.  As the Army cutoff score for MOS 25U was 510 on 1 June 2011, the request did not warrant an administrative record correction.

12.  On 20 August 2012, the Chief, Department of the Army Promotions, HRC, responded to a Congressional inquiry regarding the applicant's promotion concerns and stated:

	a.  The applicant contends that he did everything possible to update his military records prior to 15 May 2011, but he was unable to do so through no fault of his own.

	b.  For whatever reason, the applicant's records were not updated until after the 15 May 2011 cutoff.  Military Personnel (MILPER) Message Number 11-143 states "Immediate action is required by units to update promotion points into the electronic military personnel office records system no later than 15 May 2011."  The applicant's civilian education was updated on the PPW, dated 10 June 2011 and his APFT and weapons qualification data were updated on the PPW, dated 16 August 2011.  The applicant had 181 promotion points as of 12 May 2011 for a 1 June 2011 consideration for promotion.  The Army cutoff score for MOS 25U was 510 points on that date for promotion to SGT.  Therefore, he cannot be promoted.

13.  Although not all of the records are available for review with this case, it appears the applicant entered the physical disability evaluation system and he was evaluated by a physical evaluation board for multiple medical conditions.  The PEB recommended permanent retirement.  


14.  On 10 July 2012, Headquarters, Joint Readiness Training Center and Fort Polk, Fort Polk, LA published official orders releasing him from active duty and placing him on the retired list in his retired rank/grade of SPC/E-4, effective 25 September 2012, by reason of physical disability.  

15.  He was honorably retired on 24 September 2012 by reason of permanent disability.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 5 years, 7 months, and 25 days of creditable active service.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) show the entries "SGT" and "E-5" respectively and item 12i (Effective date of pay Grade) shows "2012  09  24." 

16.  Army Regulation 600-8-19 prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel.  

	a.  Paragraph 1-10 of this regulation lists conditions in which Soldiers are considered in a non-promotable status.  It states, in pertinent part, that Soldiers (specialist through master sergeant ) are non-promotable to a higher grade when the Soldier has incurred suspension of favorable personnel action (FLAG) under the provisions of Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions).

	b.  Paragraph 3–3 covers delay of promotion to SGT/E-5 and SSG/E-6 and states a Soldier’s promotion will be suspended when the promotion authority determines one of the following conditions exists:

		(1)  Probability exists that the Soldier was given promotion consideration
in error.

		(2)  Soldier was granted more administrative points than entitled to.  The promotion authority may promote, provided otherwise qualified, when the unchallenged total point score equals or exceeds the announced HQDA cutoff score and the Soldier’s name appears on the monthly SGT/SSG promotion selection by-name list.

		(3)  Soldier’s promotion packet was lost and must be reconstructed.

		(4)  A determination is pending as to whether duplicate credit was awarded promotion points.  The promotion authority may promote when the unchallenged points equals or exceeds an announced HQDA cutoff score.  However, if the promotion authority suspects that there may have been fraud, he or she may hold the promotion in abeyance until the issue is resolved.  A Soldier must be advised, in writing, by the servicing promotion section of the need to verify the challenged points.

	c.  Paragraph 3-13 outlines the requirements for conducting the SGT/SSG promotion board.  It states, in part, the promotion board will be conducted by the 15th of every month.  The promotion authority will appoint, in writing, an odd number (at least three) of unbiased voting members and a recorder without vote.  If the board members are all NCOs, the president must be a CSM or SGM.  The recorder will complete a DA Form 3357 (Board Recommendation) and obtain the president’s signature within 1 duty day following adjournment of the board.  The recorder will complete applicable portions of the DA Form 3355.  

	d.  Paragraph 3-15 states the memorandum of board proceedings will be prepared within 1 duty day of the board’s adjournment and include where and when the board was conducted; membership of the board; and an alphabetical list of recommended Soldiers by recommended grade, including SSN, recommended MOS, and administrative board points and total points for list integration.  The president of the board will review the memorandum of board proceedings for accuracy, sign the report, and forward it to the promotion authority.  The promotion authority (officers in the grade of lieutenant colonel/LTC or colonel/COL) will approve or disapprove the report in its entirety and forward the completed results to the servicing promotions section not later than the 20th of each month.  

   e.  Paragraph 3-18 covers the rules for processing promotion point reevaluations.  An administrative reevaluation will include the following:

		(1)  Soldiers who believe they have increased (through self achievement or awards) their latest promotion score by 20 points or more (DA Form 3355, Section A, item 1, and Section B) may request an administrative reevaluation at any time.  Soldier must be in a promotable status.

		(2)  Commander will sign a memorandum recommending approval or disapproval.  Additionally the commander may increase or decrease the duty performance points. 

		(3)  Prior to adding new promotion points based on an administrative reevaluation, the battalion/brigade promotion clerk will complete a total review of the DA Form 3355 and increase or decrease the military training and duty performance points, if applicable, and remove erroneous and outdated points.  The adjusted score will be the score that the Soldier must use to add the new points to.  The servicing promotion section will evaluate the new promotion points and those on the most recent DA Form 3355. 
		(4)  If the administrative reevaluation results in a promotion point increase of 20 or more points over the adjusted score, the servicing promotion section will change the Soldier’s score and enter the Soldier’s new score on the current DA Form 3355 and in the appropriate database.  Each new entry will be annotated with the reevaluation date.

		(5)  The date the reevaluation occurs is the effective month for the adjusted promotion points.  Promotion scores achieved through the reevaluation process are effective for promotion on the first day of the second month following the date the new score is entered into the automated system.  A Soldier will not be removed from the current promotion standing list when a decision to pursue a total reevaluation is made.  The Soldier remains competitive for promotion using the existing promotion score until the new score is effective.

		(6)  Gaining commanders of in transit Soldiers may elect to award duty performance points or use the previous commander’s evaluation.

		(7)  The servicing promotion section will provide the Soldier with a copy of the completed action (DA Form 3355) and computer-generated report reflecting the new score and date.

	f.  Paragraph 3-34 provides guidance for preparing the promotion packet for transfer at permanent change of station (PCS) for Out-Processing.  It states the promotion packet is designated as a transfer document which moves with the Soldier upon PCS.  If the Soldier’s verified current promotion points are not reflected on the recommended list during the month of PCS, the promotion work center/battalion or brigade S-1 will immediately post to the automated system.  A copy of the promotion point update screen will be placed in the Soldier’s promotion packet.  If the promotion work center cannot post the promotion points to the automated system, a statement will be issued by the promotions work center to verify the Soldier holds valid list status and will include the total promotion points and points date.  

	g.  Paragraph 3-36 states that during in-processing at the new duty station, the officer in charge of promotions will determine whether the Soldier qualifies for promotion or will be added to the recommended list.  If otherwise qualified, Soldiers on the recommended list who meet a promotion point cutoff score while in transit will be promoted during in-processing.  Recommended List status must be verified.  Verification requires a promotion packet by-name list and cutoff scores.  When the month of promotion is later than that in which the Soldier first qualified and delay is solely due to being in transit, the date of rank (DOR) and 


effective date of promotion will be the date the promotion would have occurred had the Soldier not been in an in-transit status.  

   h.  Paragraph 3-38 provides instructions for processing the promotion packet at in-processing at the battalion or brigade S-1.  It states the gaining command must take prompt action to request missing documents from the Soldier’s former command.  If the promotion packet cannot be obtained, but promotion board proceedings or the original initial DA Form 3355 signed by the promotion authority is available and the Soldier’s losing command can verify recommended list status, then the battalion or brigade S-1 may reconstruct the Soldier’s promotion packet and integrate the Soldier onto the list.  Soldiers whose promotion packet was lost and cannot be reconstructed within 90 days of arrival in command must appear before a promotion board to gain valid recommended list status.  

   i.  Section XVIII contains information for awarding administrative points.  Table 3-19 (Weapons Qualification) shows, in part, 38 hits using a DA Form 5790-R equals 48 promotion points.  It also shows a Soldier will be granted 
34 promotion points for achieving 34 hits.

   j.  Section XVII also provides rules for applying promotion points to the APFT score.  It states for Soldiers on permanent profile, taking an alternate event for the 2–mile run and receiving a passing score receive a score for that event equal to the average of the scores for the other two events.  Table 3-20 shows, in part, that a score of 300 is equal to 50 promotion points and a score of 225 is equal to 16 points.  

   k.  Paragraph 3–43 covers awards, decorations, and achievements (permanent awards).  It states to multiply the number of points authorized by the number of awards received.

  	l.  Paragraph 3–44, Military education, states promotion points will be awarded based on the following criteria:

		(1)  Noncommissioned Officer Education System Course.  Completion of 
Warrior Leader Course merits 16 points. 

		(2)  All other military resident training courses earned 4 points per week or
4 points for each 40 hours of training are awarded.  Refer to the Army Training Requirements and Resources System (ATRRS) for AC schools duration and for resident and nonresident NCO Courses.

		(3)  Military correspondence courses and computer-based training (e-learning courses).  For each 5 credit hours completed, 1 promotion point is awarded.  This includes nonresident courses.  To determine promotion points, total the credit hours completed then divide by 5. The result is the number of promotion points to be awarded; fractions will be dropped.  Course completion with credit hours must be reflected in ATRRS prior to awarding promotion points.

	m.  Paragraph 3–45 provides instructions for awarding promotion points based on civilian education.  It states promotion points are authorized for civilian education conducted at a U.S. Department of Education recognized nationally or regionally accredited institution.  For the purpose of awarding promotion points, all college credits must be converted to semester hours.  For each semester hour of college credit, 1.5 promotion points are awarded.  The servicing promotion section will total the number of semester hours of college credit earned or converted, then multiply by 1.5.  When the total promotion points result in a fraction, the fraction is dropped.

17.  MILPER Message Number 11-143, dated 12 May 2011, extended the suspense for the submission of enlisted promotions data for the revised Semi-Centralized Promotion System implementation date of 1 June 2011 to 15 May 2011.  It stated it was imperative that Soldiers are credited with accurate promotion points prior to HRC's creation of the Order of Merit List used for 1 June 2011 promotions to ensure a fair and equitable distribution of semi-centralized promotions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his ERB should be corrected to show the correct date and number of points and his request for retroactive promotion were carefully considered; however, there is insufficient evidence to support his request.  

2.  First, the ERB is a one-page Army form that provides a summary of a Soldier's qualifications and clear history.  It is updated frequently and is used as a supporting document throughout a Soldier’s career while on active duty or in the Selected Reserve.  It is used as a source document for various personnel actions.  Once a Soldier is released from active duty, discharged, or retired, the ERB is no longer updated.  

3.  Second, regardless of whether the ERB can or cannot be updated, the applicant provides multiple versions of the ERB, each with different data, 


especially the promotion points.  It is virtually impossible to determine which form is accurate and/or a true reflection of his promotion points.  

4.  Third, most of the information recorded on the PPW provided by the applicant resides with the applicant's company/battalion.  For example, it cannot be ascertained if the correspondence courses printouts he submitted to this Board were submitted to his servicing S-1 and if so, whether they qualify for promotion points or not.  The expertise in determining which points count lies with his promotion work-center and HRC. 

5.  Fourth, if he had not gone to HRC for the administrative point's correction, this Board would have done so in the form of an advisory opinion.  It is clear from the HRC memorandum, dated 18 April 2012, that HRC audited his promotion history and determined at what stage he submitted his additional promotion points, whether such points were in fact added, and if so, his total promotion points.

6.  Notwithstanding his sincerity, the evidence of record does not show and he has not provided sufficient evidence to show that, through no fault of his own, his record was not properly updated as of 15 May 2011, or if it had been he would have had sufficient promotion points for promotion to SGT as of 1 June 2011. 

7.  After a comprehensive review of the evidence he submitted, although he provides multiple ERBs dated on various dates, there is insufficient evidence in the form of a validated DA Form 3355 or an automated printout which conclusively confirm he added the points and/or he met the cutoff scores.  As such, relief should be denied. 

8.  Soldiers who are on a promotion list at the time of retirement for disability will be paid such compensation at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the day prior to retirement.  Although his DD Form 214 reflects the higher grade, his retirement orders do not.  If the applicant is not receiving retired pay at the higher grade, he may apply to this Board for correction of his records as such.

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)                                         AR20120014904



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ABCMR Record of Proceedings (cont)                                         AR20120014904



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