IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130009401
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 the pay grade of E-5.
2. The applicant states he was an Individual Ready Reserve (IRR) recall who was promoted to the pay grade of E-5 in August 2010 while deployed to Afghanistan. However, he went on leave and when he returned he was demoted back to the pay grade of E-4 and was never given a straight answer as to why he was demoted. It was recorded that he did not have enough time in grade but he was not given the opportunity to have the time in grade.
3. The applicant provides copies of his promotion orders to E-5 and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 24 February 2003 for a period of 8 years and training as a signal support systems specialist.
2. On 19 January 2005, he enlisted in the Regular Army for a period of 3 years and 12 weeks and training as a wheeled vehicle mechanic (63B1O). He was advanced to the pay grade of E-4 in military occupational specialty (MOS) 63B (later converted to MOS 91B) on 1 September 2006.
3. On 11 April 2008, he was honorably released from active duty (REFRAD) due to completion of required service and was transferred to the USAR Control Group (Reinforcement) to complete his statutory service obligation.
4. The applicant was ordered to active duty on 3 January 2010 and deployed to Afghanistan on 3 March 2010.
5. On 24 August 2010, orders B-08-005463 published by the U.S. Army Human Resources Command (HRC) in St. Louis, Missouri promoted the applicant to the pay grade of E-5 in MOS 25U2O, effective 14 August 2010. The orders specified the promotion would be revoked if he was not in a promotable status.
6. On 9 September 2010, orders B-08-005463R published by HRC revoked the promotion orders.
7. The applicant departed Afghanistan on 17 November 2010 and was honorably REFRAD on 24 December 2010 and was transferred back to the USAR Control Group (Reinforcement).
8. On 22 January 2013, he was honorably discharged from the USAR in MOS 91B1O (Wheel Vehicle Mechanic).
DISCUSSION AND CONCLUSIONS:
1. Although not specified in the available records, it appears that the orders promoting the applicant to the pay grade of E-5 were erroneously published as they showed that he was being promoted in the primary MOS of 25U2O (Signal Support Systems Specialist). However, the applicant did not possess the MOS of 25U at that time.
2. The applicant enlisted in, was formally trained, and served his entire enlistment in the Regular Army as a wheeled vehicle mechanic and was honorably REFRAD and was transferred to the USAR in MOS 63B, which was subsequently converted to MOS 91B.
3. Unfortunately, it appears the records at HRC reflected that he held a primary MOS of 25U. However, the mistake was recognized and the promotion orders were revoked because the applicant did not hold MOS 25U.
4. While it is regrettable that the applicants promotion was revoked, the orders clearly state that the promotion was not valid if he was not in a promotable status and it shows that his primary MOS was 25U and that he did not have a secondary MOS. This in itself should have been an indicator that the promotion was not valid.
5. Accordingly, based on the available evidence, it appears that his promotion was not a valid promotion and that it was properly revoked.
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) AR20130009401
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ABCMR Record of Proceedings (cont) AR20130009401
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