IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130001176 


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 Army Military Human Resource Record (AMHRR) to show his retired rank and pay grade as sergeant/E-5.

2.  The applicant states he was in the Regular Army and retired on 13 February 2013 in the rank and pay grade of specialist/E-4.  He served over 4 years and was away from his wife for 2 1/2 years.  He attempted to attend the promotion board more than once.  While at Fort Stewart, GA, he attended two Soldier of the Month boards in order to move to the promotion board.  When he came down on orders to go to Germany, his unit saw him as a loss to the unit and ceased further boards.  He attended four Soldier of the Month boards in Germany.  When he came down on orders to go to Fort Knox, his unit again ceased all further boards.  He honestly did everything he could to get promoted.  He maxed his military and civilian education.  He nearly maxed his awards and weapons qualification.  He had enough points to make sergeant/E-5.  He loved his military occupation so much that he even continued to work as a military policeman while assigned to the Fort Knox Warrior Transition Brigade.  He hopes that his dedication to his country is apparent.  Considering a change in his rank and pay grade to sergeant/E-5 will do absolutely nothing except assist him in his job search.  He would greatly appreciate this change.

3.  The applicant provides no additional documentation.




CONSIDERATION OF EVIDENCE:

1.  On 17 July 2008, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 31B (Military Police).

2.  On 1 May 2010, the applicant was advanced to specialist/E-4.

3.  On 13 February 2013, the applicant was retired as a specialist/E4 due to physical disability.  He had completed 4 years, 6 months, and 27 days of creditable active duty service.

4.  Army Regulation 600–8–19 (Enlisted Promotions and Reductions) prescribes
policies and procedures governing promotion and reduction of Army enlisted personnel.

	a.  This regulation provides a semi-centralized promotion selection process for promotion to the grade of sergeant/E-5.

	b.  Field-grade commanders in units authorized a commander in the grade of lieutenant colonel or higher have promotion authority to the grade of SGT.

	c.  Field operations will handle board appearance, promotion point calculation, promotion list maintenance, and the final execution of the promotions occur in the field in a decentralized manner.  Department of the Army (HQDA) operations will handle promotion cutoff scores and the monthly promotion selection by-name list, which are determined and announced monthly.  HQDA will determine the needs of the Army by grade and MOS.  A Soldier’s total points are forwarded through the appropriate database, as determined by HQDA 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.

	d.  Eligibility criteria for recommendation to sergeant/E-5:

* Soldier must be recommended in career progression MOS
* Soldier must be fully qualified in recommended MOS


* Must have high school diploma, general education development (GED), or an associates or higher degree
* Must have 34 months time in service and 6 months time in grade as E-4 (Primary Zone)
* Must have 16 months time in service and 4 months time in grade as E-4 (Secondary Zone)
* Must be reenlistment eligible
* Must be physically qualified
* Must possess a current Army Fitness Qualification Test Score
* Must not be enrolled in the weight control program
* Must not be enrolled in the Army Substance Abuse Program
* Must have attained a minimum of 350 promotion points

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his AMHRR should be corrected to show his retired rank and pay grade as sergeant/E-5 because he served for more than 
4 years and had attempted several times to go before the sergeant's promotion board.

2.  The available evidence clearly shows that the applicant served on active duty for more than 4 years and had attained the rank of specialist/E-4.  However, there is no evidence, as he acknowledges, showing that he had appeared before the sergeant/E-5 promotion board, or had been recommended by any such board for promotion.

3.  Furthermore, the available AMHRR does not contain sufficient documents to determine whether the applicant had met all of the requirements for promotion consideration.  Even if he had met all of the requirements, there is no way of knowing what his cut off score would have been, or whether it would have been sufficient to qualify him for promotion list standing, or even whether the promotion board would have recommended him for promotion.

4.  There is no evidence of error or injustice in this case.

5.  Regrettably, in view of the above the applicant's request should be denied.







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)                                         AR20130001176





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ABCMR Record of Proceedings (cont)                                         AR20130001176



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