BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140005180 


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 a retroactive promotion to staff sergeant (SSG).

2.  The applicant states he was maliciously flagged and blocked from attending the 2012 Advanced Leadership Course (ALC) which resulted in his not being promoted in 2012.  He was removed from the promotion list in February 2013.  He was refused promotion points for completion of two classes he took.  His Army Physical Fitness Test (APFT) was current and good prior to his surgery in 2013.  

3.  The applicant provides copies of two Department of Defense (DOD) Inspector General Whistleblower letters, two letters to his Congressman (one has only the first page), two Army Training Requirements and Resources System (ATRRS) printouts, two Convalescent Leave authorizations, page 4 of the 1 June 2011 Semi-Centralized Promotion Point Computations instruction, and three Promotion Point Computations worksheets.

CONSIDERATION OF EVIDENCE:

1.  With prior service, the applicant enlisted in the Regular Army on 12 March 2008 in the rank/grade of sergeant/E-5.  He reenlisted on 14 May 2010 and extended this enlistment on 5 March 2013.



2.  According to statements made by the applicant in 2011, while stationed in Korea, he was party to an investigation that required a Suspension of Favorable Actions (FLAG) be placed in his record.  The FLAG was cleared from his personnel record upon completion of the investigation but it appears a notation of the FLAG was retained in his training ATRRS records.

3.  The applicant's 10 September 2011 ATRRS printout shows the last course he completed was in 2007.  There is no indication of a FLAG on this form.

4.  On 21 February 2012, the applicant was granted 14 days of convalescent leave and on 8 January 2013 he was granted 30 days of convalescent leave.  The reason for these periods of convalescent leave is not of record. 

5.  The 20 May 2013 ATRRS printout shows completion of four English classes in 2012; valid reservations for the SMARTFORCE Course and a Modeling and Simulation Basic Course; and that his reservation for the May 2012 ALC was cancelled due to a FLAG.

6.  The applicant highlighted the 1 June 2011 Semi-Centralized Promotion Point Computations instruction sheet paragraph that states: "Soldiers with a temporary profile that prohibits taking one or more of the events of the APFT will continue to use their current APFT score as a determinate for promotion points provided it is not more than 1 year old."

7.  The 20 October 2012 Promotion Point Worksheet shows the applicant completed his last APFT on 1 January 2012 with a score of 228 and was granted 37 promotion points for the APFT with a total of 475 promotion points.  The applicant highlighted the fact that completion of the ALC would have given him at least an additional 90 points and 101 points if on the Commandants List.

8.  The 2 February 2013 Promotion Point Worksheet shows the applicant completed his last APFT on 1 January 2012 and had a total of 438 promotion points.  He was ineligible for promotion due to not having a current APFT score.

9.  Page 8 of the 1 July 2013 Promotion Point instruction lists the cutoff score for the applicant's military occupational specialty as 572.

10.  An 11 April 2014 Department of Defense Inspector General's Office, Whistleblower Reprisal Investigations advised the applicant that his claim of reprisal did not warrant an investigation.   


11.  A 15 September 2013 letter to the applicant's Congressman outlined the command's review of the issues on appeal.  It was stated his attendance at the ALC was found to have been canceled due to a FLAG; however a review of the personnel file found no FLAG.  It appeared that the 2011 FLAG notation had not 
been removed from the ATRRS record.  The reasons the applicant was not promoted was not his lack of attendance at the ALC but that he did not have a current APFT of record and had not met the promotion cutoff score.  

12.  An advisory opinion was obtained from the U.S. Army Human Resources Command recommending denial of the application.  It listed the applicant's promotable/nonpromotable status between 14 May 2011 and the present.  He was not recommended for promotion by his unit on 2 October 2011 and was removed from a promotable status on both 2 February 2013 and 1 February 2014 due to an expired APFT.  The FLAG in ATRRS did not prevent him from being promoted and the additional courses he completed were incorporated into his record on 26 June 2013 with inclusion on the 18 September 2013 Promotion Point worksheet.  During the periods the applicant was in a promotable status he did not met the minimum cutoff score.

13.  A copy of the opinion was forwarded to the applicant.  There is no indication the applicant submitted any additional arguments or comments. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to attend the April 2012 ALC; however, due to the improper retention of the 2011 FLAG in his ATRRS, his reservation to the course was cancelled.  

2.  However, there is no evidence that the applicant would have completed the ALC on the Commandant’s list affording him an additional 11 points.  Just completion of ALC with a 90 point credit would not have granted him sufficient points to meet the 2012 promotion point cutoff and the additional courses he took were not completed within this period.

3.  The applicant has not provided and the record does not contain any medical records or a record of any temporary profiles.

4.  His last recorded APFT was completed on 1 January 2012.  This test would have lapsed on 2 January 2013 even if he were on a profile at the time and he was properly shown to have been ineligible for promotion in 2013 and 2014.


5.  The applicant has failed to submit evidence showing his record is in error or unjust.

6.  In view of the above, the applicant's request should be denied. 

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)                                         AR20140005180



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ABCMR Record of Proceedings (cont)                                         AR20140005180



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