IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130008451 


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 promotion to pay grade E-7.

2.  The applicant states there was a serious flaw in the Fiscal Year 2013 (FY13) promotion board for sergeant first class (SFC).  He also states:

	a.  This was his third consideration for promotion to SFC.  He was shocked that his name was not on the promotion list.  He is on his fifth deployment.  He has always been in a fenced unit (a "fence" curtails transfer of personnel).  The operational tempo for training is very high; they spend a lot of time in the field when not deployed.

	b.  He has "never received less than "1 over 1" on noncommissioned officer evaluation reports (NCOER).  He has never failed a physical fitness test and can't remember scoring less than 270.  He doesn't have a college degree and knows he should have or at least been working towards one.  

	c.  He thinks it's unfair that people who have only had one deployment and otherwise spent their career at the Training and Doctrine Command get promoted before Soldiers like him who are constantly deployed.  He has always requested recruiter or drill sergeant duties and volunteered for special assignments, but he keeps getting overlooked because he is deployed.  He has never been in a airborne unit, or even an air assault post.  He doesn't lack initiative; he just never had the opportunity because of the needs of the Army. 

	He states "We are a working man's ARMY…street smarts will always play out better than book smarts.  A book will never teach you how to be a great leader and competent.  I feel that I did not get a fair look.  I am a great NCO and strive to success at every opportunity presented.  What else can I possibly do."

3.  The applicant provides no additional documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant had 4 years prior active duty in the Regular Army ending in 1999.  He re- enlisted in the Regular Army on 1 October 2002 and entered active duty in pay grade E-4 as a radio transmission systems specialist.  

2.  He was promoted to staff sergeant, pay grade E-6 on 1 June 2007.

3.  Since then he has:

	a.  made his fourth and fifth deployments – to Kuwait/Iraq and to Afghanistan respectively; and

	b.  been awarded the second, third, and fourth awards of the Army Commendation Medal.

4.  His NCOERs show that in the rating period ending on:

	a.  20 December 2007 his senior rater marked him in the first block for both performance and potential;

	b.  31 December 2008 his senior rater marked him in the first block for both performance and potential;

	c.  31 December 2009 his senior rater marked him in the second block for both performance and potential;

	d.  16 August 2010 his senior rater marked him in the second block for both performance and potential;

	e.  16 August 2012 his senior rater marked him in the first block for both performance and potential; and

	f.  16 August 2013 his senior rater marked him in the first block for both performance and potential.

5.  On 9 October 2012, the applicant accepted nonjudicial punishment for two specifications of disobeying orders issued by a captain.

6.  Army Regulation 600-8-18 (Enlisted Promotions and Reductions), paragraph 4-3 states promotion selection boards will recommend a specified number of Soldiers by MOS from the zones of consideration who are the best qualified to meet the needs of the Army.  The total number selected for each career progression MOS is the projected number the Army needs to maintain its authorized-by-grade strength.  Soldiers who are not selected for promotion will not be provided specific reasons for nonselection.  Soldiers may consult the statistical analysis portion of the promotion list or they may write to the career professional development NCO of their respective branch for an analysis on how to enhance their careers.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records), (ABCMR) paragraph 2-2 provides that ABCMR is not an investigative body.  Paragraph 2-9 provides that an applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides no substantiating evidence to show that he was unfairly non-selected for promotion to SFC.

2.  He has had an impressive record in terms of deployments and awards.  However, promotion selection boards do not provide the specific reason for a Soldier’s nonselection.

3.  He seems to imply that his status should be reviewed and his position proven.  However, this Board is not an investigative body.  It is the applicant's responsibility to provide all documentary evidence to prove an error or injustice.

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)                                         AR20130008451





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ABCMR Record of Proceedings (cont)                                         AR20130008451



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