IN THE CASE OF:	   

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140000314 


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 an amendment of her promotion order to sergeant (SGT) to show an effective date coinciding with the date her peers were promoted from the same promotion board.

2.  The applicant states in April 2012 she was recommended for promotion to the rank of SGT/E-5.  Due to no fault of her own her chain of command failed to submit the results of her promotion board to the promotion authority (99th Regional Support Command (RSC)) in a timely fashion.  She was not added to the Permanent Promotion Recommended List (PPRL) until May 2013 and was promoted on 1 June 2013.  This caused her to lose approximately 12 months of time in grade and pay.

3.  The applicant provides a Deputy G-1, U.S. Army Reserve Command (USARC), letter of response to a member of Congress, dated 18 December 2013.

CONSIDERATION OF EVIDENCE:

1.  On 9 September 2008, the applicant enlisted in the USAR.  She completed training and was awarded military occupational specialty (MOS) 68R (Veterinary Food Inspector).

2.  Her records maintained in the interactive Personnel Electronic Records Management System do not contain an order promoting her to the rank of SGT.

3.  The Integrated Web Services system shows her promotion effective date for SGT was 1 June 2013.

4.  She provides a Deputy G-1, USARC, letter written to a member of Congress in response to an inquiry on her behalf regarding her promotion.  The USARC official stated that in accordance with regulatory requirements, Soldiers recommended for promotion are integrated onto an order of merit list called a PPRL.  The list is managed by the servicing RSC for the geographic region.  Then as vacant positions are reported, the RSC will identify the first Soldier on the list for promotion who meets the reported requirements of these positions within their MOS and elected travel distance.  The applicant was considered and recommended for promotion during the April 2012 Junior Enlisted Promotion Board conducted by the Northeast Medical Area Readiness Support Group.  Due to administrative errors by her chain of command her board results were not submitted to the 99th RSC in a timely manner.  Consequently, she was not added to the PPRL until May 2013 and promoted to the rank of SGT on 1 June 2013.

5.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system.

	a.  Chapter 5 states Soldiers selected for promotion by boards are identified on a list maintained by the promotion authority.  Promotion from the list is by sequence and MOS based on a position vacancy within a geographical region.  It prescribes policy for the promotion of USAR Soldiers assigned to USAR Troop Program Units.  A promotion from the list is by sequence and MOS based on a position vacancy within a reasonable distance of the Soldier’s residence.  Wherever practical, SGT promotion boards will be held at battalion or similar level.  The results of a SGT promotion selection board will be sent to the promotion authority for integration on the PPRL and a PPRL will be maintained by the promotion authority.  Promotions from the list will be according to the procedures described in paragraph 5-10.

   b.  To be promoted to SGT the Soldier must—
   
* be in a promotable status per paragraph 1-10, of this regulation
* be listed on a valid PPRL
* be in the proper sequence order when promoted off the list
* have a passing Army Physical Fitness Test score within 12 months of the date of the promotion order


   c.  The procedures necessary to accomplish a promotion from the promotion recommended list will be as follows:
   
* based on cumulative vacancy computations the unit will report a current or projected vacancy requirement to the authority responsible for maintaining the PPRL
* the authority will identify the Soldier on the list who will be promoted into the vacancy and notify the promotion authority
* the promotion authority will then publish the promotion orders
* the effective date of the promotion will be the date of the assignment to the vacancy
   
   d.  Selection off the PPRL must be in the following sequence - highest number of points with the required MOS residing within a reasonable distance of the required vacancy or reside outside a reasonable commuting distance and has submitted a statement of willingness to commute.
   
   e.  Paragraph 5-18 states a consolidated PPRL will be established, published, and maintained by the regional promotion list manager who will announce the suspense dates for receiving a copy of the report of board proceedings from the promotion authorities.  The reports will be consolidated into one PPRL.  The names of recommended Soldiers will be extracted from the reports and placed on the list according to the format described in paragraph 5-19.  The list will be revised every 3 months (or as often as needed) and distributed to all subordinate commands.  A copy of the list will be retained in the files of the issuing authority for 2 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should have been promoted with her peers from the same promotion board.  She provides a Deputy G-1, USARC, letter to a member of Congress indicating she was considered and recommended for promotion during the April 2012 Junior Enlisted Promotion Board conducted by the Northeast Medical Area Readiness Support Group.  The official stated that due to administrative errors by her chain of command her board results were not submitted to the 99th RSC in a timely manner.  Consequently, she was not added to the PPRL until May 2013 and promoted to the rank of SGT on 1 June 2013.

2.  Based on the available evidence it is reasonable to presume that she would have been eligible for promotion to SGT at some earlier date if her board results had been timely submitted to the promotion authority for integration onto the PPRL.  However, the Board is not an investigative body and does not have sufficient evidence to determine when she should have been promoted prior to her current effective date.  Aside from the letter above, there is no available evidence showing when she was recommended for promotion, when her board results under normal circumstances would have been integrated onto the 99th RSC's PPRL, when she would have met the reported requirements of a vacant position within her MOS and elected travel distance, and whether she would have been in a promotable status coinciding with the above.  

3.  Therefore, in the interest of equity, the 99th RSC should review the pertinent documentation to determine when the applicant would have been promoted based on her SGT promotion board results and if the PPRL had included her SGT promotion board results in a timely manner.  The promotion authority should then amend her promotion order, as appropriate, based on its findings.

BOARD VOTE:

___x____  ____x___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by the 99th RSC effecting the above determination and amending the order promoting her to SGT to the date she would have been promoted had her SGT promotion board results been submitted to the 99th RSC in a timely manner.



      _______ _   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)                                         AR20140000314



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ABCMR Record of Proceedings (cont)                                         AR20140000314



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