IN THE CASE OF:

		BOARD DATE:  13 May 2014

		DOCKET NUMBER:  AR20140006827 


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 reconsideration for promotion to sergeant first class (SFC)/E7 by a Department of the Army (DA) Enlisted Standby Advisory Board (STAB), based on the decision promulgated by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110023559, dated 22 March 2012. 

2.  The applicant states:

* he requested the removal from his records of an incorrect                       DA Form 2166-8 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) from the 2008 timeframe (hereafter referred to as the contested NCOER), and to have it replaced by a corrected NCOER
* the ABCMR granted his request in Docket Number AR20110023559
* subsequently, he requested a STAB from the DA Enlisted Promotions Branch at U.S. Army Human Resources Command (HRC)
* his request was denied because HRC did not consider the presence of his incorrect, derogatory NCOER a material error
* he called HRC for further clarification and they stated that the ABCMR findings had to specifically grant reconsideration by a STAB on his behalf, which was not the case
* a member of the Appeals and Corrections Branch at HRC advised him that if he didn't initially request a STAB as part of his original request to the ABCMR, the Board would not automatically grant one
* it was his understanding that after getting the NCOER removed and replaced, it was his responsibility to request the STAB in accordance with (IAW) Army Regulation 600-8-19 (Enlisted Promotions and Reductions) – he thought he met all of the criteria to do so
* he spoke with an official at HRC who advised him to put the STAB packet together
* prior to the incorrect, contested NCOER, his NCOERs all showed he was assigned to positions normally occupied by an SFC – in these positions he received excellent ratings
* it is reasonable to believe had it not been for the presence of the incorrect, derogatory NCOER in his AMHRR, he would have had a chance at being selected for promotion either that year or any year thereafter – as opposed to no chance at all with the incorrect NCOER in his AMHRR
* the ABCMR should grant his request for a STAB for those years affected by the incorrect NCOER

3.  The applicant provides:

* email traffic between himself and a member of HRC, dated 4 December and 9 December 2013
* a memorandum from HRC, dated 21 January 2014, subject: Headquarters, Department of the Army (HQDA) STAB, Staff Sergeant (SSG) [Applicant], XXXX, 68W3O (Health Care Specialist/NCO)

CONSIDERATION OF EVIDENCE:

1.  On 29 July 1995, the applicant enlisted in the Regular Army.  He completed his initial entry training and was awarded military occupational specialty 68W.  

2.  On 1 September 2004, he was promoted to the rank/grade of SSG/E-6.  He is currently serving on active duty in the rank/grade of SSG/E-6 at the U.S. Army Medical Department Activity, Fort Jackson, SC.

3.  In 2008, while serving at the Brooke Army Medical Center in San Antonio, TX, he received the contested NCOER, which covered the rating period 1 May 2007 through 31 January 2008.  His rating officials signed this report on 18 and         22 January 2008; however, he did not sign the report.  

4.  On or about 29 January 2008, prior to the completion of the contested NCOER, the Fiscal Year 2008 (FY08) SFC Promotion Selection Board convened.  The applicant was not selected by this board. 

5.  On 17 April 2008, he and all his rating officials signed a corrected NCOER.

6.  On or about 6 June 2008, the contested NCOER was received for filing at HRC.  Due to the lack of the applicant's signature and the lack of the senior rater's explanation (for its lack of the applicant's signature) IAW Army Regulation 623-3 (Evaluation Reporting System), the NCOER was placed on hold.  In April 2009, a member of the Evaluations Branch at HRC filed the contested NCOER in the performance folder of the applicant's AMHRR.

7.  He was considered by the FY09 – FY11 SFC Promotion Selection Boards; however, he was not selected for promotion by these boards.

8.  On 28 November 2011, he petitioned the ABCMR for removal of the contested NCOER from his Official Military Personnel File (OMPF, now referred to as the AMHRR).  In ABCMR Docket Number AR20110023559, dated             22 March 2012, the Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommended that all DA records of the applicant be corrected by removing the contested NCOER from his AMHRR, and by replacing it with the corrected NCOER of 17 April 2008. The Board did not direct his reconsideration for promotion by a STAB.

9.  He was considered by the FY12 SFC Promotion Selection Board, which convened on 24 January 2012; however, he was not selected for promotion by this board.

10.  On 11 April 2012, per the direction of the ABCMR, the contested NCOER was removed from his AMHRR and was replaced by the corrected NCOER.

11.  He petitioned HRC for reconsideration for promotion to SFC by a STAB, for FY08 – FY12.  On 21 January 2014, HRC denied his request for reconsideration for promotion by a STAB for each requested FY.  The denial memorandum states his adverse NCOER was declared invalid (by the ABCMR); however, [its presence in his AMHRR] was not determined to constitute a material error. 

12.  Army Regulation 600-8-19 provides the Army's enlisted promotion policy.  Chapter 4 contains guidance on the centralized promotion process for promotion to SFC.  It states, in part, that Soldiers will be selected for promotion to SFC by a centralized DA Promotion Selection Board, based on the best qualified as determined through the collective best judgment of the promotion board members.  Chapter 4 also provides guidance on the processing of STAB requests.  It states, in part, that STABs are convened to consider records of those Soldiers whose records were not reviewed by a regular board, or whose records were not properly constituted, due to material error, when reviewed by the regular board. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was considered by the FY09, FY10, FY11, and FY12 SFC Promotion Selection Boards; however, he was not selected for promotion by these boards.  The evidence shows the contested NCOER was present in his AMHRR for each of these boards, and its presence constituted a material error.  Accordingly, he is entitled to reconsideration for promotion to SFC by a STAB for each FY cited above.

2.  The evidence of record shows he was considered by the FY08 SFC Promotion Selection Board; however, he was not selected for promotion.  This board convened prior to the end date of the contested NCOER; therefore, it was not, and should not have been, viewed by the promotion board.  Accordingly, he is not entitled to a STAB for the FY08 SFC Promotion Selection Board.

BOARD VOTE:

____x___  ___x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 granting him promotion reconsideration to SFC under the FY09, FY10, FY11, and FY12 SFC Promotion Selection Board criteria.  

2.  If selected for promotion, he be given the appropriate date of rank and paid any associated back pay and allowances.



      ___________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)                                         AR20130009718



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ABCMR Record of Proceedings (cont)                                         AR20140006827



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