IN THE CASE OF:	  

		BOARD DATE:	  22 October 2014

		DOCKET NUMBER:  AR20140009146 


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)/E-5. 

2.  The applicant states:

	a.  He requested a congressional inquiry into his promotion, and through their informal query they determined he was flagged prior to attending the board.  However, according to his triple alpha (officially, the AAA-019 report, which is produced by the unit S-1 and lists names of Soldiers who are eligible for promotion) he was not flagged when he went before the board in July and November 2010; after these appearances he made the cut-off scores and the 
by-name list roster.

	b.  When he finally went to the 82nd Airborne Division Inspector General (IG) office, the month before he submitted this application to see if they could clear up the situation, they did an inquiry to see all the times he was flagged.  According to the personnel system (eMILPO), the only time he was flagged was in August 2008, due to adverse actions, but that flag was lifted that same month.  The next time they had him flagged was in December 2010.  He does not know what caused the error in the system, but after 4 years of fighting this, he was informed to take this route.

	c.  He found out that there was injustice in 2011, during his next deployment, when he bumped into his old squad members from the 887th Expeditionary Sustainment Command from Fort Campbell.  He had his wife request a Congressional Inquiry while he was down range; because of the high demand for engineer operators, the odds of him getting time to handle his situation weren't in his favor.  

3.  On 5 June 2012 and 6 August 2012, he was badly injured from enemy fire.  On 12 August 2012, he was sent home to the Warrior Transition Battalion (WTB) at Fort Bragg, NC.  He has been fighting this issue since then.  Unfortunately, he was separated from active duty due to his combat injuries in June 2014.  

4.  The applicant does not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 9 June 2004.

2.  He held military occupational specialty (MOS) 12N (Horizontal Construction Specialist).  He served through multiple reenlistments, in a variety of stateside or overseas assignments including Iraq and Afghanistan, and was promoted to specialist (SPC)/E-4 on 1 June 2006. 

3.  He appears to have been injured in Afghanistan and he was ultimately attached or assigned to the Warrior Transition Battalion at Fort Bragg, NC in or around August 2012.  

4.  He also appears to have undergone disability processing that led to a recommendation by a physical evaluation board to separate him for disability with severance pay. 

5.  Orders 118-0262, issued by Headquarters, U.S. Army Garrison, Fort Bragg, NC on 28 April 2014, ordered his discharge effective 26 June 2014.  The orders listed his rank/grade as SPC/E-4.

6.  He was honorably discharged on 26 June 2014 by reason of disability with entitlement to severance pay.  He completed 10 years and 18 days of active duty.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 show his rank/grade as SPC/E-4. 

7.  His records do not show and he does not provide any documentary evidence that shows he appeared before a battalion promotion board.  

8.  His most recent Enlisted Record Brief (ERB), printed/dated 1 July 2014, shows his rank/grade as SPC/E-4 and his date of rank as 20060601.  Additionally, Section I (Assignment Information) of his ERB does not show he was in a promotable status.  There are no entries next to the blocks that read "Promotion Points/Year and Month," "Previous Promotion Points/Year and Month," "Promotion Sequence Number," and "Promotion MOS." 

9.  On 30 July 2014, in the processing of this case, an advisory opinion was received from the Promotions Branch at the U.S. Army Human Resources Command (HRC), Fort Knox, KY.  An HRC official recommended disapproval of the applicant's request, and noted:

* the available records show he was on the Headquarters, Department of the Army by-name list for 1 November 2010
* he had an "Immediate Reenlistment Prohibition" code of "9X," which stands for Other (prohibitions not otherwise identified)
* the system history cannot determine when the 9X code originated; however, it appears it was removed on 10 December 2010
* the unit has deactivated and is unable to provide any supporting documents regarding his promotion issue  

10.  The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments and/or a rebuttal; however, he never responded. 

11.  A staff member of the Board contacted his former company commander in an effort to determine his promotable status.  The former commander stated that he was in a non-promotable status due to being flagged for being overweight.  He provided a copy of the DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), dated 29 August 2013, which shows he was flagged effective 7 August 2013 due to enrollment in the weight control program.

DISCUSSION AND CONCLUSIONS:

1.  There is nothing in the applicant's records and he provides no evidence that shows he appeared before a battalion promotion board, or that shows his name was incorporated on a promotion list.  All records indicate his rank and grade were SPC and E-4, respectively.  Additionally, even if he had been promotable, his flag, dated 7 August 2013 for being overweight, would have placed him in a non-promotable status. 

2.  He mentions a Congressional Inquiry and an IG complaint but provides none of the correspondence or results of the inquiry/complaint, which may have shed some light regarding his case.   

3.  There is currently insufficient evidence to promote him; however, he may resubmit his application to this Board (within 1 year) if he can produce sufficient evidence to confirm he was in a promotable status, the exact date of such status, and the number of promotion points he earned.  

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)                                         AR20140009146





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ABCMR Record of Proceedings (cont)                                         AR20140009146



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