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ARMY | BCMR | CY2013 | 20130012116
Original file (20130012116.txt) Auto-classification: Denied

		
		BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130012116 


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 the effective date of his promotion to sergeant.

2.  The applicant states he was selected for promotion while serving in Iraq with the 373d Military Intelligence Battalion in 2011.  The inspector general (IG) helped him learn that the promotion packet sent to the 88th Regional Support Command (RSC) was not legible.  The 88th RSC staff asked for a better copy, but the U.S. Army Reserve Military Intelligence Readiness Command (MIRC) did not respond.  Once his packet was processed he was promoted almost immediately.

3.  The applicant provides copies of:

* 373d Military Intelligence Battalion memorandum for Commander, MIRC, dated 12 August 2011, listing the Soldiers considered for promotion
* 373d Military Intelligence Battalion memorandum Commander, MIRC, dated 12 August 2011, listing the Soldiers recommended for promotion, including the applicant
* MIRC Office of the IG letter to the applicant, dated 30 November 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant was deployed to Iraq from March to November 2011 as a U.S. Army Reserve specialist/E-4 with a date of rank of 3 July 2010.

2.  A memorandum from his unit, the 373d Military Intelligence Battalion, to the MIRC, dated 12 August 2011, listed the applicant as having been selected for promotion to sergeant/E-5 in military occupational specialty 35M.  He had a total of 417 points.

3.  The IG letter that the applicant provided informed him that his name was not included on the 88th RSC's promotion list because the applicant's promotion packet submitted by the MIRC had been illegible.  The MIRC failed to respond to the request for better copies.  The 88th RSC staff declined to take corrective action because they had not committed the error.

4.  88th RSC Orders 12-303-00034, dated 29 October 2012, promoted the applicant to sergeant/E-5 effective 1 November 2012.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence showing when the applicant would have been promoted had the original promotion packet been readable.

2.  The applicant's records do not show and he has not provided sufficient evidence to justify 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 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)                                         AR20130012116



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ABCMR Record of Proceedings (cont)                                         AR20130012116



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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