IN THE CASE OF:	  

		BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120019751


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, in effect, correction of her records to show she was promoted to the rank/grade of sergeant (SGT)/E-5 effective 1 July 2010.

2.  The applicant states:

* her prior unit at Fort Lewis calculated her promotion points incorrectly
* regardless, she met the promotion point cut-off score for June 2010
* her command did not publish her promotion orders even after she mentioned it numerous times

3.  The applicant provides:

* a memorandum from her previous unit commander, recommending she receive 150 duty performance points for her battalion's June 2010 semi-centralized promotion board
* the supporting documentation that substantiates her promotion board administrative points
* a memorandum from the President of the Board, Headquarters, Special Troops Battalion, I Corps, Joint Base Lewis-McChord, WA, dated 2 June 2010, subject:  Promotion Board Proceedings for Promotion to SGT and Staff Sergeant (SSG)
* a memorandum from the battalion commander, Special Troops Battalion, I Corps, Joint Base Lewis-McChord, WA, dated 2 June 2010, subject:  Promotion Board Proceedings for Promotion to SGT and SSG
* DA Form 3355 (Promotion Point Worksheet), dated 3 June 2010
* Enlisted Record Briefs (ERB), dated 9 July 2012 and 10 October 2012
* a letter from her hospital commander to her Member of Congress, dated 10 July 2012
* a memorandum from her hospital commander to the U.S. Army Personnel Command (properly known as the U.S. Army Human Resources Command (HRC)), dated 17 July 2012, subject:  Request for Administrative Records Correction for Specialist (SPC) (Applicant)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 November 2006.  She completed initial entry training and was awarded military occupational specialty (MOS) 68W (Health Care Specialist).  Upon the completion of her initial entry training, she was assigned to the 296th Brigade Support Battalion, 3rd Stryker Brigade, 2nd Infantry Division, Joint Base Lewis-McChord, WA.

2.  On 1 July 2007, she was promoted to the rank/grade of SPC/E-4.

3.  Her record shows she served in Iraq in support of Operation Iraqi Freedom from on or about 13 March 2009 to on or about 3 March 2010.

4.  On 1 June 2010, she appeared before the Special Troops Battalion's enlisted promotion board which convened to consider eligible SPC's and SGT's for promotion to SGT and SSG.  According to the board proceedings, she earned 691 total points and was recommended for promotion to SGT.  On 3 June 2010, her battalion commander approved the board proceedings.

5.  On 3 June 2010, a DA Form 3355 was completed which reevaluated her promotion points and awarded her a total of 714 points.  On this same date, her battalion commander signed this form approving the adjustment in her promotion points.

6.  On 23 August 2010, she began attending the U.S. Army Practical Nurse Course at William Beaumont Army Medical Center, Fort Bliss, TX.  On 8 March 2011, she was released from the course and was reassigned to the 14th Combat Support Hospital, Fort Benning, GA.  Her record shows that as of this date she still had not been promoted to the rank/grade of SGT/E-5.

7.  On 10 July 2012, her hospital commander responded to an inquiry from her Member of Congress.  In his response, he stated:

* the applicant was selected for promotion and should have been promoted to SGT upon her arrival at the William Beaumont Army Medical Center, Fort Bliss, TX, with an effective date of 1 July 2010
* upon her arrival at the 14th Combat Support Hospital, Fort Benning, GA, she did not make her chain of command aware of her promotion issue
* she was automatically removed from the promotion selection list on the first day of the 13th month following her inclusion on the list – she was no longer in a promotable status

8.  On 17 July 2012, her hospital commander sent a request for administrative records correction to HRC wherein he requested that her records be corrected to show she was promoted to the rank/grade of SGT/E-5 effective 1 July 2010.

9.  On 4 December 2012 during the processing of this case, an advisory opinion was obtained from the Chief, Department of the Army Promotions, HRC, Fort Knox, KY.  This official recommended approval of her request for relief, stating:

* HRC junior enlisted promotion records indicate SPC (Applicant) made the 1 July 2010 Headquarters, Department of the Army (HQDA), by-name list but was never promoted by her battalion through no fault of the Soldier
* SPC (Applicant) was removed from the promotion selection list in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-8c(2), upon the first day of the 13th month following the date she was included on the list

10.  On 5 December 2012, a copy of the advisory opinion was forwarded to her for her information and further comment.  She did not respond.

11.  Army Regulation 600-8-19 prescribes the policies and procedures governing the promotion and reduction of Army enlisted personnel.  Chapter 3 (Semi-Centralized Promotions (SGT and SSG)) governs the SGT and SSG promotion process for Regular Army Soldiers.  Promotions to SGT and SSG are executed in a semi-centralized manner.

	a.  Paragraph 1-8c(2) states that HRC will automatically remove Soldiers in the grade of SPC/corporal (CPL) who have not been promoted to SGT from the promotion selection by-name list.  Removal will be effective the first day of the 13th month following the date the Soldier was placed on the promotion selection by-name list.

	b.  Paragraph 3-1 provides an overview of the enlisted semi-centralized promotion system.  It further defines the semi-centralized relationship.

		(1)  Field operations will handle board appearance, promotion point calculation, and promotion list maintenance; the final execution of promotions occur in the field in a decentralized manner.

		(2)  HQDA (HRC) maintains promotion cutoff scores and the monthly SGT/SSG promotion selection by-name list which are determined and announced monthly.

		(3)  HQDA and HRC determine the needs of the Army by grade and MOS.

		(4)  A Soldier's total points are forwarded through the appropriate database, as determined by HRC, to the automated system.  These points are consolidated into an Army-wide listing of eligible Soldiers by MOS maintained in the automated system.  A determination is then made for each MOS as to what promotion point cutoff score would promote the desired number of Soldiers to meet the needs of the Army in a specific month.  These decisions are based primarily upon budget constraints and individual MOS requirements.

12.  A memorandum issued by HRC, dated 23 June 2010, subject:  Department of the Army Promotion Point Cutoff Scores for 1 July 2010 and Junior Enlisted Issues, established the HQDA promotion point cutoff scores and criteria necessary for promotion effective 1 July 2010.  According to this document, the applicant needed at least 702 points to be promoted to the rank/grade of SGT/E-5 effective 1 July 2010.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should have been promoted to SGT/E-5 effective 1 July 2010, the first month she met the promotion point cutoff score and the month immediately following her board appearance.

2.  The evidence of record shows she appeared before her battalion's SGT/SSG promotion board on 1 June 2010 and she was recommended for promotion to SGT based on that appearance.  Those board results were approved.  On 3 June 2010 following her board appearance, her promotion points were immediately reevaluated and approved by the appropriate authority.  Her points were then reported to HRC.

3.  HRC historical promotion data shows she met the promotion cut-off score for promotion to SGT effective 1 July 2010.  It is unclear why her promotion orders were not published in July 2010 prior to her departure for Fort Bliss, TX; however, the evidence clearly shows she was eligible and deserving of her promotion to SGT effective 1 July 2010.
4.  In view of the foregoing, it would be appropriate to correct her records to show she was promoted to SGT effective 1 July 2010.

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

* issuing orders promoting her to SGT/E-5 and awarding her primary MOS 68W2O with an effective date and date of rank of 1 July 2010
* paying her all back pay and allowances due as a result of this correction



      _____________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)                                         AR20090002340



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ABCMR Record of Proceedings (cont)                                         AR20120019751



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