IN THE CASE OF:	 

		BOARD DATE:	    19 September 2013

		DOCKET NUMBER:  AR20130011270


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, in effect, correction of his date of rank (DOR) for his promotion to the rank/grade of staff sergeant (SSG)/E-6, to an earlier, unknown date prior to his placement on the Temporary Disability Retired List (TDRL).

2.  The applicant states, in effect:

* he is a wounded warrior, serving at Walter Reed National Military Medical Center (WRNMMC)
* he appeared before the SSG promotion board on 2 August 2012 and was recommended for promotion by the board with a total of 365 points
* his points were inaccurately calculated, as the promotions clerk erroneously omitted 19 months of deployment service, equaling 38 points, and an additional 54 points from across other categories
* after the August 2012 SSG promotion board, the same promotions clerk failed to integrate his name from the AAA-294 Report (Enlisted Promotion Report) onto the C-10 Report (Recommended List), causing him to not be eligible to meet the monthly cutoff scores
* his correct point calculation should have resulted in 419 points following the board date, which would have allowed him to be promoted in January 2013, as the cutoff score that month was 418 points
* two failures occurred – the promotion clerk failed to accurately calculate his points and failed to integrate his name on the Recommended List
* his promotion points were finally adjusted in May 2013; however, by that time, the increase in cutoff scores across all military occupational specialties (MOS) prevented him from attaining the necessary points to exceed the cut-off score  

3.  The applicant provides:

* a memorandum from Headquarters, Warrior Transition Brigade, WRNMMC, dated 6 August 2012, subject: Board Proceedings for Promotion to SGT (Sergeant)/SSG
* Promotion Point Worksheet (PPW) Developmental/Self-Assessment Tool Promotion to SSG/E-6
* DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 11 January 2008, for service in the U.S. Marine Corps (USMC)
* DD Form 215 (Correction to DD Form 214)
* AAA-294 Report, dated 1 April 2013
* a statement from the promotions clerk at the Warrior Transition Brigade, dated 10 June 2013 

CONSIDERATION OF EVIDENCE:

1.  On 12 January 2004, the applicant enlisted in the USMC.  He entered active duty and completed his initial entry training, after which time he was awarded USMC military occupational specialty (MOS) 0311 (Rifleman).  He deployed to Iraq from 12 July 2006 through 17 February 2007, a period of 7 months.  On     11 January 2008, he was honorably released from active duty.

2.  On 17 December 2009, the applicant enlisted in the Regular Army, in the rank/grade of SGT/E-5.  Upon his enlistment, he was awarded MOS 19D (Cavalry Scout).  

3.  He deployed to Afghanistan from 18 June 2010 through 11 October 2010, a period of 4 months.  Although not specifically documented in his Army Military Human Resource Record, it is believed he was medically evacuated from Afghanistan, ultimately arriving at WRNMMC.

4.  On 25 July 2012, his records were reviewed by the Warrior Transition Brigade, Enlisted Promotion Board, convened in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), chapter 3 (Semi-Centralized Promotions – SGT and SSG).  The board recommended he be promoted to the rank/grade of SSG/E-6 with 365 total promotion points.  

5.  On 6 August 2012, the promotion board proceedings were approved.   

6.  On 14 March 2013, a PPW was printed that showed his promotion points were increased to 381 total promotion points.  Section A (Military Training), item number 3 (Combat Experience), shows he received credit for 7 months of deployed service.

7.  Orders 193-0136 (amended by Orders 198-0135), issued by U.S. Army Garrison – Fort Detrick Army Element, WRNMMC, Bethesda, MD, on 17 July 2013, ordered his retirement from the Army on 10 September 2013, in the rank/grade of SSG/E-6, and placement on the Retired List the following day.

8.  On 10 September 2013, he was honorably retired from the Army, by reason of disability, and placed on the Temporary Disability Retired List (TDRL).  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 show he was retired in the rank/grade of SSG/E-6; however, item 12i (Record of Service – Effective Date of Pay Grade) contains the entry "2009 – 12 – 17," which is the date he enlisted in the rank/grade of SGT/E-5.

9.  The exact date in which his name was integrated onto the Army's Recommended List for Soldiers eligible for promotion to SSG is unclear.   His record is void of promotion orders to SSG.  

10.  The applicant provides a statement from the promotions clerk at the Warrior Transition Brigade, who states she assumed her duty position in February 2013, after the previous promotions clerk resigned.  She further states that upon assuming her duties, she found numerous errors in promotion packets belonging to Soldiers of the Warrior Transition Brigade, including the applicant.  She contends she corrected the errors, which should have resulted in increased promotion point totals; however, no further documentation is included to support her corrections or to clarify the resulting point totals after her corrections.

11.  On 17 July 2013, an advisory opinion was obtained from the Chief of Department of the Army Promotions, U.S. Army Human Resources Command (HRC), at Fort Knox, KY.  This official recommended denial of the applicant's request for relief, stating it was the applicant's responsibility to verify the content of his promotion packet in accordance with Military Personnel (MILPER) Message 11-233, paragraph 5c, and the records available to the Junior Enlisted Promotions section at HRC indicate he failed to do so.  

12.  On 18 July 2013, the applicant was provided a copy of the advisory opinion and was invited to submit additional information and/or rebuttal comments, if he so desired; however, he failed to respond.

13.  Army Regulation 600-8-19 prescribes policies and procedures governing the promotion and reduction of Army enlisted personnel. 

   a. Paragraph 1-20 (Promotion of Soldiers Pending Referral to an MOS Medical Retention Board (MMRB), Medical Evaluation Board (MEB), or Physical Evaluation Board (PEB)) provides that per the provisions of 10 USC 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list.

   b. Paragraph 3-17 provides that each month, Active Army Soldiers in all MOSs who meet the criteria of this regulation and are otherwise eligible for promotion consideration, will be automatically integrated onto the SGT and SSG promotion standing lists, despite lacking the actual promotion board appearance. 

   c. Paragraph 3-30 provides that the promotion of Soldiers to the rank/grade of SGT and SSG will be made against monthly cut-off scores and the promotion selection by-name list.  Promotions are authorized only during the month for which the cutoff score is met.

14.  On 17 May 2010, the Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army, announced formal revision of the calculation of promotion points for promotion to SGT and SSG for all Active Component (AC) and U.S. Army Reserve (USAR) Soldiers, effective 1 June 2011.  This change effectively removed the minimum promotion point totals that were previously required for a Soldier to be integrated on the promotion recommended list.

15.  According to data contained on the HRC, Enlisted Promotions website, the primary zone (PZ) and secondary zone (SZ) cutoff scores for promotion to SSG in MOS 19D, during the months of January through September 2013, were as follows:

Month (2013)
PZ
SZ
January
418
424
February
414
418
March
435
441
April
450
455
May
412
414
June
798
798
July
798
798
August
494
798
September
798
798
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DOR for his promotion to SSG, to an earlier, unknown date prior to his placement on the TDRL, was carefully considered.

2.  The available evidence shows he was retired from active duty on                  10 September 2013 and was placed on the TDRL in the rank of SSG/E-6.

3.  The exact DOR applicable to his promotion to SSG is unclear, and the date on his DD Form 214 is clearly in error since it represents his DOR as a SGT.  Nonetheless, he contends he should have been promoted to SSG at some point during the January through May 2013 timeframe.

4.  While it is true he should have been integrated onto the Recommended List for Soldiers eligible for promotion to SSG after August 2012, the fact remains that even after he would have been integrated, he would not have been promoted unless he exceeded the monthly cut-off score.  

5.  He contends his promotion points were incorrectly calculated and did not account for an additional 38 points he should have received for an additional     19 months of deployed service that was not credited.  

6.  The evidence of record shows he deployed for 7 months while serving with the USMC and for another 4 months during his most recent period of active service.  These periods of deployed service equal 11 months, and 7 of those    11 months are already accounted for in his PPW.  At most, he could receive another 8 points for 4 months of unaccounted-for deployed service.

7.  He further contends he should have been awarded another 54 points across other, unspecified categories.  The evidence of record does not support this contention, and he has not provided specific evidence to justify the awarding of these points.

8.  His PPW does not reflect 8 additional points he should received for deployed service.  Added to the 381 points reflected on his 14 March 2013 PPW, his new total should have been 389 promotion points.  Given that the lowest established cut-off score during the January through September 2013 timeframe was          412 points, in May 2013, he still, even after the adjustment of his points, lacks the necessary promotion points to warrant his earlier promotion and/or adjustment of his DOR.

9.  In view of the foregoing, there is an insufficient basis to grant the requested relief.

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)                                         AR20110017537



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ABCMR Record of Proceedings (cont)                                         AR20130011270



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