IN THE CASE OF:	  

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140010381 


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 he was on the automatic promotion list until October 2013 when he was removed because he did not have a current Army Physical Fitness Test (APFT).  The reason he did not have a current APFT or marksmanship qualification was because his physical profile prevented him from performing these tests.  Furthermore, regulations state that a Soldier who is on the promotion list at the time of medical retirement is to be automatically advanced at the time of retirement.

3.  The applicant provides copies of three Memoranda for Record, Record Fire Scorecard, an APFT Scorecard, two Physical Profiles, his Enlisted Record Brief, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  With prior U.S. Air Force Reserve service, the applicant enlisted in the Regular Army on 9 July 2008, completed training, and was awarded military occupational specialty (MOS) 91B (Wheeled Vehicle Mechanic).

2.  On 24 September 2009, an MOS/Medical Retention Board (MMRB) determined that the applicant should reclassify to a shortage or balanced MOS.  He retrained into MOS 15P (Aviation Operations Specialist) in 2010.  There is no documentation as to why the applicant went before the MMRB.

3.  The applicant was advanced to specialist (SPC), E-4 on 1 December 2009.

4.  On 21 May 2013 and again on 10 September 2013, the applicant received a permanent physical profile that precluded him from carrying or firing a fire arm and performing any of the APFT or alternate APFT activities.  He was referred to a Medical Evaluation Board (MEB).

5.  An MEB found the applicant suffering from 13 conditions and referred him to a Physical Evaluation Board (PEB).

6.  On 11 March 2014, a PEB determined the applicant's major depressive disorder, diplopia secondary to 4th cranial nerve palsy, and lumbar degenerative disc disease were unfitting and granted him a 70% disability rating.  It was also determined his other conditions did not impact the applicant's ability to perform his duties.  His diagnosis of alcohol dependence is a condition not constituting a physical disability.

7.  In a 10 March 2014 Memorandum for Record, the applicant's unit commander noted the applicant had not taken the APFT since 26 February 2013 due degenerative disc disease with lower back pain.  He had been assigned to the Warrior Transition Team in August 2013, was in the disability evaluation system (DES), and had a permanent profile.

8.  On 20 March 2014, the applicant's unit commander provided a memorandum stating the applicant had not taken a weapons qualification test since 20 February 2013 due to his placement on a permanent profile.  

9.  Also on 20 March 2014, the unit commander provided a memorandum stating the applicant had been removed from the Automatic Promotion Roster due his profile restrictions precluding him from being able to conduct a current APFT and weapons qualification test.  

10.  The applicant was medically retired on 20 May 2014 as a specialist (SPC), pay grade E-4.

11.  A review of the Department of the Army (DA) promotion point cutoff scores for his MOS for October 2013 through May 2014 revealed that only Soldiers who were fully eligible for promotion with a minimum of 559-798 (range) promotion points were selected for promotion for the Active Army.

12.  Military Personnel Message Number 05-272 (DA Directed Promotion List Integration To SGT Clarification To Current Policy As Well As Guidance For Promotions) provided that, due to a shortage of noncommissioned officers in pay grade E-5, the Army's semi-centralized promotion policy was changed to allow all eligible specialists and corporals (with 48 months in service and a year in grade) to be automatically integrated onto the recommended list provided they are otherwise eligible for recommended list.  Then, if an MOS falls beneath 100-percent operating strength at the E-5 level and no other Soldiers with more points are available to promote, some Soldiers on the list will be automatically promoted.  Soldiers placed on the promotion list without participating in a promotion board will automatically be given only the minimum of 350 points.  Once cut-off scores have been determined for promotions, those meeting or exceeding cut-off scores by board appearance, and otherwise fully eligible, will be promoted first.  If, after review, there is still a requirement for promotions, HRC will select that requirement from those Soldiers listed with 350 points and otherwise fully eligible.  The by-name promotion list will include Soldiers, if needed, from the automatic recommended list integration in MOS based on date of rank and basic active service date.

13.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system.  It provides the following:

   a.  Paragraph 1-20c states that, per the provisions of Title 10, U.S. Code, section 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list.
   
   b.  Promotion to the grade of SGT is a semi-centralized promotion selection process.  For consideration a Soldier must meet the following basic eligibility requirements:
   
		(1)  have 48 months time in service;

   (2)  have 12 months time in grade;
    
   (3)  not been denied integration by the commander; or
    
   (4)  is otherwise not ineligible.
   
   c.  Paragraph 3-28 states a Soldier will be immediately (emphasis added) removed from the recommended list under conditions including:
   
   (1)  Failure of record APFT.
   
   (2)  Is undergoing proceedings that may result in discharge.  
   (3)  Soldiers processing medical evaluation will remain on the recommended list unless a medical board has determined the Soldier is no longer fit for duty.
   
   d.  Once the Soldier is removed the action is final.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant's dates of placement on and removal from the promotion recommendation roster are not in the available evidence.  His unit commander stated the applicant was removed from the promotion list because he was unable to participate in the APFT and weapons qualifications due to his physical profile.

2.  Though it appears the applicant was automatically integrated onto a recommended list for promotion to SGT, there is no evidence he was integrated into a promotion selection list (identified for promotion).  In fact, evidence shows during the period October 2013 through May 2014, the minimum cutoff score for his MOS (15P) was 559.  He would have had 350 points.  As such, there appears to be no basis for granting the requested relief.

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)                                         AR20140010381



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ABCMR Record of Proceedings (cont)                                         AR20140010381



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