IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140011173
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 the pay grade of E-6 effective 1 May 2012.
2. The applicant states, in effect, that his promotion orders to the pay grade of
E-6 were revoked because his Army Physical Fitness Test (APFT) was dated 4 May 2011; however, APFT scorecards are good for 1 year and he met the 1 May 2012 cutoff score for promotion and should have been promoted.
3. The applicant provides copies of his promotion orders, leave and earnings statement, promotion points worksheet, promotion board proceedings, Enlisted Record Brief, promotion points cutoff scores, a letter requesting administrative corrections and a response from the U.S. Army Human Resources Command (HRC) denying his request for promotion to the pay grade of E-6.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 September 2006 for a period of 6 years and training as an electronic warfare signal intelligence specialist. He completed his training and was promoted to the rank of sergeant/pay grade E-5 on 1 November 2009. He reenlisted on 8 November 2010 for a period of 6 years with a selective reenlistment bonus.
2. On 8 March 2012, the applicant received a temporary physical profile which stated he could not participate in an APFT or an alternate APFT. The profile expired on 6 June 2012.
3. On 4 April 2012, the applicant appeared before a promotion selection board and was recommended for promotion to the pay grade of E-6. However, he was not integrated into the standing list until 20 April 2012.
4. Orders were published on 23 April 2012 promoting him to the pay grade of
E-6 effective 1 May 2012; however, they were subsequently revoked.
5. On 26 February 2013, HRC denied the units request to make an administrative correction to the promotion standing list and approve the applicants promotion to E-6.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) serves as the authority for enlisted promotions. Paragraph 3-30b, effective 30 April 2010, provides that Soldiers will be eligible for promotion on the 1st day of the second month following the selection month. For example, a Soldier selected by a promotion board in January 2005 will become eligible for promotion on 1 March 2005.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been promoted to the pay grade of E-6 effective 1 May 2012 has been noted and appears to lack merit.
2. The applicant appeared before and was approved by a promotion selection board on 4 April 2012. His APFT was dated 4 May 2011 which meant it was good until 3 May 2012.
3. The governing regulation provides that a Soldier becomes eligible for promotion on the 1st day of the second month following the selection month, which in the applicants case means he became eligible for promotion effective 1 June 2012 provided he was in a promotable status. However, because his APFT had expired, he was removed from the standing list.
4. Therefore, since he was not eligible for promotion on 1 May 2012, there appears to be no basis to grant his request for promotion.
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) AR20140011173
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