IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130012279 


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 sergeant (SGT)/pay grade E-5 effective 1 March 2013 and all back pay due as a result.

2.  The applicant states:

	a.  In December 2012, he appeared before the 191st Combat Sustainment Support Battalion (CSSB) promotion board at Camp Arifjan, Kuwait, for promotion to SGT.  He was recommended for promotion and he had around 400 promotion points at that time.  His Enlisted Record Brief (ERB) did not reflect that he was promotable.  The 47th Transportation Company command group was notified of the issue.

	b.  He continued to earn promotion points, assuming the issue would be resolved.  In February 2013, the promotion point cutoff list and the by-name list were published.  According to his DA Form 3355 (Promotion Point Worksheet (PPW)), he had achieved the points required for promotion, but his promotable status had not yet been corrected.

	c.  Ultimately, the Camp Arifjan Inspector General's (IG's) Office assisted him in getting integrated into the promotion system in late February.  His promotion points were active as of 1 April 2013, but he missed the cutoff score.  Had his promotion packet been submitted and processed in a timely manner, he would have had enough points to make the cutoff score in March, which was 518.


	d.  In trying to rectify his situation he asked for help from:

* 47th Transportation Company command group
* 191st CSSB command group and S-1
* U.S. Army Human Resources Command (HRC)
* Camp Arifjan IG

3.  The applicant provides:

* Military Personnel (MILPER) Message Number 11-233, dated 28 July 2011
* four PPW's – Unofficial Copy
* memorandum from the 191st CSSB, dated 21 December 2012
* two memoranda from the 191st CSSB, dated 27 December 2012
* his request to HRC, dated 3 June 2013
* undated HRC email response
* two copies of his ERB, dated 25 February and 8 March 2013

CONSIDERATION OF EVIDENCE:

1.  On 21 January 2009, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).

2.  He was promoted to specialist (SPC)/pay grade E-4 on 1 June 2011.  He deployed to Iraq from 23 July 2011 to 1 December 2011.

3.  He deployed to Kuwait on 3 November 2012.

4.  He provided an unofficial copy of his PPW with an effective date of 19 December 2012 that shows his total promotion points as 467.

5.  He provided a memorandum from the 191st CSSB, dated 21 December 2012, subject:  Troop Program Unit and Active Component/Active Guard Reserve Junior Enlisted Board Appointment, announcing that the 191st CSSB would be conducting a Junior Enlisted Board for SGT and Staff Sergeant (SSG) within the 316th Expeditionary Sustainment Command on 22 December 2012.

6.  He provided a memorandum from the 191st CSSB, dated 27 December 2012, subject:  Promotion Board Proceedings for Promotion to SGT and SSG, recommending the applicant for promotion to SGT.  His promotion point score is not shown on the memorandum.  The board recommended integration of the Soldiers identified for promotion into the promotion standing list.  The board proceedings were approved by the Commander, 191st CSSB, on 27 December 2012.

7.  He provided an unofficial copy of his PPW with an effective date of 18 February 2013 that shows his total promotion points as 516.

8.  HRC memorandum for U.S. Army Promotion Work Centers, dated 22 February 2013, subject:  Department of the Army Promotion Point Cutoff Scores for 1 March 2013 and Junior Enlisted Issues, announcing promotion point cutoff scores for 1 March 2013.

	a.  Soldiers could be promoted to SGT on 1 March 2013 provided they:

* were otherwise eligible and held recommended list status as of 20 January 2013 through 8 February 2013
* met or exceeded the cutoff score as they appear beginning on page 5 of the memorandum (the cutoff score for MOS 88M in the primary zone was shown as 518)

	b.  The primary zone for corporal (CPL)/SPC was 36 months of time in service (TIS) and 8 months of time in grade (TIG).

9.  The Headquarters, Department of the Army (HQDA), SGT/SSG Promotion Section Name List (Selected for 1 March 2013 Promotion) as of 22 February 2013 (to Sergeant) does not list the applicant's name.

10.  He provided an unofficial copy of his PPW with an effective date of 25 February 2013 that shows his total promotion points as 524.

11.  He provided an unofficial copy of his PPW with an effective date of 8 March 2013 that shows his total promotion points as 524.

12.  He provided a copy of his email to HRC, dated 3 June 2013, requesting assistance in being promoted effective 1 March 2013.  He explained he passed the SGT Promotion Board locally, but received no assistance from his unit.  He was finally integrated onto the promotion system in February with the assistance of the IG on Camp Arifjan.  However, the integration was too late for the cutoff which he would have made in March as points for MOS 88M for the primary zone were 524.

13.  HRC's response to his email stated that failure to integrate a Soldier was not grounds for an administrative records correction (ARC).  HRC provided a copy of MILPER Message Number 11-233, dated 28 July 2011.

14.  He provided copies of two of his ERB's.

* his ERB, dated 25 February 2013, shows his promotion points as 39 effective January 2013
* his ERB, dated 8 March 2013, shows his promotion points as 524 effective February 2013

15.  On 25 November 2013, an advisory opinion was received from the HRC HQDA Promotions Branch.  After a review of the applicant's application, HRC determined that his request for correction of his military records should be disapproved.

	a.  Records available to the Junior Enlisted Promotions section indicated the applicant was not placed on the promotion recommended list after attending the December 2012 promotion board.

	b.  In accordance with MILPER Message Number 11-233, failure on behalf of the Soldier, unit, S-1, military personnel division (MPD), or promotion work center to update a Soldier's record, integrate a Soldier into the promotion standing list, or failure to remove a flag is not grounds for reconsideration under the ARC process.

	c.  The applicant made the promotion by-name recommended list to SGT for 1 August 2013.

16.  On 5 December 2013, the applicant was provided a copy of the above advisory opinion and an opportunity to submit comments.  He has not provided a response.

17.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Paragraph 3-1c states promotions to SGT and SSG are executed in a semi-centralized manner.

	a.  Field operations will handle board appearance, promotion point calculation, promotion list maintenance, and the final execution of the promotions occur in the field in a decentralized manner.

	b.  HQDA operations will handle promotion cutoff scores and the monthly SGT/SSG promotion selection by-name list, which are determined and announced monthly.

	c.  HQDA and HRC will determine the needs of the Army by grade and MOS.

	d.  A Soldier's total points are forwarded through the appropriate database, as determined by HRC, to the automated system.  These points are consolidated into an Army-wide listing of eligible Soldiers by MOS maintained in the automated system.  A determination is then made for each MOS as to what promotion point cutoff score would promote the desired number of Soldiers to meet the needs of the Army in a specific month.  These decisions are based primarily upon budget constraints and individual MOS requirements.

	e.  The importance of accuracy and timeliness in submission of data to the database cannot be overemphasized.  Only visible scores will be considered.

	f.  By using the standard promotion scoring forms with predetermined promotion point factors, Soldiers in pay grades SPC/CPL and SGT generally can measure how well they qualify for promotion.  They can set precise goals with a self-improvement training program to increase their potential for promotion.

18.  MILPER Message Number 11-233, dated 28 July 2011, provided additional guidance for the semi-centralized promotion system, including:

* discontinuation of exceptions to policy (ETP's) for promotions
* introduction of the process and procedures for ARC

	a.  Effective 1 June 2011, ETP's for promotion are no longer authorized.

	b.  ARC was a new process aimed at achieving personnel/training data base accuracy used to establish SSG and SGT promotions effective 1 June 2011 and later.  The promotion authority may submit a request for an ARC in cases that would previously require an ETP due to an unavoidable circumstance that is no fault of the Soldier, S-1, MPD, or promotions work center.  The request must be fully justified, signed by the promotion authority, and submitted to HRC for approval.  All supporting documentation specific to the request must be attached or the request will be returned without action.

	c.  Failure on behalf of the Soldier, unit, S-1, MPD, or promotion work center to update a Soldier's record, integrate a Soldier into the promotion standing list, or failure to remove a flag is not grounds for reconsideration under the ARC process.

DISCUSSION AND CONCLUSIONS:

1.  He was recommended for promotion to SGT by the 191st CSSB Promotion Board on 27 December 2012.  The board recommended his placement on the integrated promotion standing list.

2.  At the time HRC announced the promotion point cutoff scores for 1 March 2013, he met the TIS and TIG requirements for the primary zone for SGT.  The cutoff score for the primary zone was 518.

3.  His PPW, dated 19 December 2012, shows his total promotion points as 467. His PPW, dated 18 February 2013, shows his total promotion points as 516.  HRC memorandum, dated 22 February 2013, established the cutoff score for his MOS as 518.  His PPW, dated 25 February 2013, shows his total promotion points as 524.  Therefore, at the time the cutoff score for his MOS was established it appears he did not meet the cutoff score of 518.

4.  His ERB, dated 25 February 2013, showed his promotion points as 39.  His PPW's, dated 25 February 2013 and 8 March 2013, and his ERB, dated 8 March 2013, show his promotion points as 524.  These are dated after the cutoff score was established at 518.

5.  According to HRC, he was not placed on the promotion recommended list after the December 2012 promotion board.

6.  According to MILPER Message Number 11-233, ETP's are no longer authorized effective 1 June 2011.  This message introduced the process and procedures for ARC.  However, the message also states failure of the Soldier, unit, S-1, MPD, or promotion work center to update a Soldiers' record or integrate a Soldier into the promotion standing list is not grounds for reconsideration under the ARC process.  Therefore, HRC's denial is in keeping within the change of policy established on 1 June 2011.

7.  There is no evidence the failure to integrate him into the by-name promotion list or update his records was due to an unavoidable.  Therefore, there is an insufficient basis on which to grant his request.

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)                                         AR20130012279



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ABCMR Record of Proceedings (cont)                                         AR20130012279



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