BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130009701 


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 records to show he was promoted to the rank of staff sergeant (SSG)/pay grade E-6.

2.  The applicant states the suspension of favorable personnel actions (FLAG) that was in effect against him was removed before he was separated from active duty and placed on the temporary disability retired list (TDRL).  Therefore, he should have been promoted to SSG/E-6.

3.  The applicant provides a copy of a Recommended List for Promotion of Enlisted Personnel, a DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), retirement orders, and his 
DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 March 1999 for a period of 
4 years.  He was awarded military occupational specialty (MOS) 25B (Information Technology Specialist), he continued to serve on active duty, and was promoted to sergeant (SGT)/pay grade E-5 effective 1 January 2007.

2.  On 7 September 2011, the Chief, Enlisted Career Systems Division, Office of the Deputy Chief of Staff, G-1, Washington, DC, notified the applicant that his request for an exception to policy to reenlist was disapproved due to his current Retention Control Point (RCP).  He was authorized to extend the period of his enlistment to 7 April 2014 in order to reach his RCP.
3.  Headquarters, III Corps, Fort Hood, TX, Orders 106-0159, dated 16 April 2013, released the applicant from assignment and duty, on 28 May 2013, because of physical disability and placed him on the TDRL effective 29 May 2013.  The orders show his rank as SGT and that he retired in the rank of SGT.

4.  The applicant's DD Form 214 shows he was honorably retired from active duty on 28 May 2013 and placed on the TDRL.  It shows in:

* item 4a (Grade, Rate or Rank):  "SGT"
* item 4b (Pay Grade):  "E05"
* item 12i (Record of Service - Effective Date of Pay Grade):  "2007 01 01"

5.  In support of his application the applicant provides the following documents:

   a.  Recommended List for Promotion of Enlisted Personnel - Company C, Warrior Transition, Fort Hood, TX, dated 25 March 2013, that shows he was recommended for promotion to pay grade E-6 (primary zone) in MOS 25B3O.

   b.  A DA Form 268, dated 23 April 2013, shows a FLAG (Final - Other Report) was removed effective 23 April 2013.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, DA Promotions, U.S. Army Human Resources Command (HRC), Fort Knox, KY.

   a.  The advisory official does not recommend administrative relief.

	b.  He states the available records indicate the applicant was not promotable at the time of separation.  He was flagged on 28 November 2012 for being overweight and the flag was removed on 23 April 2013.

7.  On 18 July 2013, the applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments or a rebuttal.  To date, the applicant has not provided a response.

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

   a.  Chapter 1 (Introduction) provides in:
   
    	(1)  paragraph 1-10, in pertinent part, that Soldiers (E-4 through E-8) are nonpromotable to a higher grade when the Soldier has incurred a FLAG under the provisions of Army Regulation 600–8–2 (Suspension of Favorable Personnel Actions - FLAG); and

    	(2)  paragraph 1-20 that Soldiers pending referral to a MOS Medical Retention Board, medical evaluation board, or physical evaluation board will not be denied promotion (if already promotable) on the basis of medical disqualification if they are otherwise qualified for promotion (emphasis added).  Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  The Soldier will be promoted to the designated grade effective the day before placement on the retired list.

    b.  Chapter 4 (Semicentralized Promotions - SGT and SSG), section II (Reason codes and eligibility criteria), paragraph 3-7 (Soldiers hospitalized because of service-incurred disease, wound, or injury and Soldiers assigned to a Warrior Transition Battalion), shows that, provided otherwise eligible, Soldiers on a recommended list for promotion prior to hospitalization or assignment to a Warrior Transition Battalion, may be promoted if their point scores are the same or higher than those announced by Headquarters, DA or HRC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was promoted to SSG/E-6 because the FLAG that was in effect against him was removed before he was separated from active duty.

2.  Records show the applicant was promoted to SGT/E-5 on 1 January 2007.  

3.  The applicant provides evidence that he was on the Recommended List for Promotion to Pay Grade E-6 (Primary Zone) in MOS 25B3O.

4.  The evidence of record shows the applicant was under suspension of favorable personnel actions from 28 November 2012 through on 22 April 2013.  Thus, he was in a nonpromotable status during that period.  In addition, the flagging action was not closed favorably.  It appears the only reason the flagging action was closed was because the applicant was close to his separation date.

5.  Additionally, the Chief, DA Promotions, confirmed that the applicant was not promotable at the time of separation from active duty on 28 May 2013.

6.  Therefore, based on the evidence of record, there is no basis for correcting the applicant's records to show he was promoted to pay grade E-6.


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)                                         AR20130009701



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ABCMR Record of Proceedings (cont)                                         AR20130009701



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