IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130002835
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 her date of rank (DOR) to staff sergeant (SSG)/E-6 in the U.S. Army Reserve (USAR) to 26 March 2010 and consideration for promotion to sergeant first class (SFC)/E-7 by a Standby Advisory Board (STAB).
2. The applicant states her DOR is incorrectly shown in the system, which impacts her career progression. There are no documents in her permanent records to substantiate any sort of reduction, neither administrative nor as a result of the Uniform Code of Military Justice (UCMJ). In any case, when a UCMJ action is directed to be filed in the restricted portion of the Army Military Human Resources Record (AMHRR), a DA Form 4187 (Personnel Action) will be prepared to substantiate a reduction.
3. The applicant provides:
* Orders 09-155-00004, dated 4 June 2009
* Military Personnel (MILPER) Message 12-128, dated 3 May 2012 Subject: Fiscal Year 2012 (FY12) Individual Ready Reserve (IRR)//Drilling Individual Mobilization Augmentee (DIMA) SSG Through Sergeant Major (SGM) Selection Board Announcement Message
* Orders B-12-208351
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 18 December 1999 and she held military occupational specialty (MOS) 63B (Light Vehicle Mechanic). She executed a reenlistment in the USAR on 29 September 2009 and she also held MOS 38B (Civil Affairs Specialist).
2. On 4 June 2009, Headquarters, 353rd Civil Affairs Command, Staten Island, NY, published Orders 09-155-00004 promoting her to SSG/E-6 with an effective date and DOR of 1 June 2009.
3. She entered active duty on 8 August 2009 and subsequently served in the Horn of Africa from 17 September 2009 to 10 July 2010.
4. On 26 March 2010, she accepted nonjudicial punishment under the provisions of Article 15 of the UCMJ for being drunk and disorderly on 12 March 2010. Her punishment consisted of a reduction to sergeant (SGT)/E-5, a forfeiture of pay, and restriction. The imposing officer directed this Article 15 be filed in the performance section of her AMHRR. She elected not to appeal her punishment.
5. The Article 15 is currently filed in the performance section of her AMHRR.
6. She was honorably released from active duty on 4 September 2010. Her
DD Form 214 (Certificate of Release or Discharge from Active Duty) shows her rank and grade as SGT/E-5 and her date of rank as 12 March 2010.
7. She reentered active duty on 31 May 2011 and she was honorably released from active duty on 6 February 2012. Her DD Form 214 for this period of active service also shows her rank and grade as SGT/E-5 and her date of rank as 26 March 2010.
8. On 14 December 2012, the U.S. Army Human Resources Command, Fort Knox, KY, published Orders B-12-208351 promoting her to SSG/E-6 with an effective date and DOR of 15 November 2012.
9. MILPER Message Number 12-128, Subject: FY12 IRR/DIMA SSG Through SGM Selection Board Announcement Message provided instructions regarding the selection of IRR, IMA, and Standby Reserve (Active List) noncommissioned officers for promotion to SSG through SGM. Promotion to SFC requires a SSG to have a DOR of 8 August 2009 or earlier.
10. Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice and implements the Manual for Courts-Martial. It states for Soldiers in the ranks of sergeant and above, the original will be sent to the appropriate custodian for filing in the AMHRR. The decision to file the original DA Form 2627 in the performance section or restricted section of the AMHRR will be made by the imposing commander at the time punishment is imposed. The filing decision of the imposing commander is subject to review by superior authority.
11. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. Paragraph 10-12 states reductions, except for reductions under the UCMJ, Article 15, are announced in orders.
12. Army Regulation 600-8-104 (AMHRR Management) prescribes Army policy for the creation, utilization, administration, maintenance, and disposition of the AMHRR. Table B-1 states an Article 15 is filed in the performance or the restricted section of the AMHRR as directed by the imposing authority.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to SSG on 1 June 2009. However, in March 2010, she accepted NJP that resulted in her reduction to SGT/E-5. Contrary to her contention, the Article 15 is in fact filed in the performance section of her AMHRR. Also contrary to her contention that no orders were published for her reduction, the Article 15 itself is the reduction order.
2. She was promoted back to SSG on 15 November 2012. Since there is no material error in her record, she is not entitled to a STAB. Additionally, since her DOR is later than 8 August 2009, she is not eligible for promotion consideration to SFC by the Fiscal Year 2012 selection board.
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) AR20130002835
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