IN THE CASE OF: 

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140011486 


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 her record to show she reenlisted on 25 March 2014 or on any date before 1 May 2014 and to show she was promoted to staff sergeant (SSG)/E-6, effective 1 April 2014.

2.  She states she was scheduled to reenlist after completing an application for a special assignment on 25 March 2014.  She was flagged on 22 March 2014 for an investigation that lasted until 6 June 2014.  The case was closed favorably and she was exonerated.  Due to the flag, she was unable to reenlist to meet the service requirements by 1 May 2014 in time to be promoted effective 1 April 2014.  She was removed from the promotion list on 1 May 2014.  

3.  She states that on 11 June 2014 she reenlisted shortly after her flag was removed.  Although her chain of command removed the flag and submitted a DA Form 4187 (Personnel Action) to promote her, through no fault of her own she could not be promoted.  If not for the flag and the investigation, she would have reenlisted well before 1 May 2014 and she would have met the service requirements for her special assignment and promotion to SSG.

4.  She provides:

* e-mail
* Enlisted Record Briefs, dated 21 May 2014 and 17 June 2014
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army (RA))
* Headquarters, Department of the Army (HQDA) Sergeant (SGT)/SSG Promotion Selection Name List (Selected for 1 April 2014 Promotion) as of 25 March 2014
* DA Form 268 (Report to Suspend Favorable Personnel Action (Flag))
* DA Form 4187

CONSIDERATION OF EVIDENCE:

1.  With prior service in the Illinois Army National Guard and the RA, on 23 April 2008, the applicant enlisted in the RA for a period of 4 years and 11 weeks as a specialist (SPC)/E-4.  On 2 October 2011, she reenlisted for a period of 3 years as a SPC, thereby establishing her expiration term of service (ETS) date as 1 October 2014.  

2.  The Enlisted Record Briefs she provides show she was promoted to SGT/E-5 effective 1 January 2013.  

3.  On 19 November 2013, she signed a DA Form 3340-R requesting authorization to reenlist in the active component.  Her company commander found she was fully qualified to reenlist and approved her request.  

4.  Her Enlisted Record Brief, dated 21 May 2014, shows in:

* Section 1 (Assignment Information) she was flagged for an adverse action on 22 March 2014
* Section III (Service Data) she was assigned reenlistment eligibility/prohibition code "9B" denoting an adverse action flag 

5.  The HQDA Monthly SGT/SSG Promotion Selection Name List (Selected for 1 April 2014 Promotion) as of 25 March 2014 shows she was selected for promotion to SSG for 1 April 2014.  The list stated selected individuals were to contact their Battalion S-1 or Military Personnel Division to determine if they were qualified for promotion on 1 April 2014.  

6.  She provides a DA Form 268 showing a flag with code 9B was removed effective 6 June 2014 and that the case was closed favorably.  

7.  She provides a DA Form 4187 that she signed on 9 June 2014 requesting promotion to SSG effective 1 April 2014.  The form notes that her flag had been lifted and her case had been closed favorably.  The justification for the request was that her promotion had been delayed due to suspension of favorable personnel actions.  Her immediate commander and her garrison commander recommended approval of the request.  The record does not show the final action taken on the request.  

8.  A review of her record shows she reenlisted on 12 June 2014 and her current ETS date is 11 June 2018.  

9.  In an e-mail, dated 20 June 2014, a Human Resources Assistant in the Junior Enlisted Promotions Branch, U.S. Army Human Resources Command, informed the applicant that, in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 3-32, she had not satisfied the service requirement by reenlisting or extending during April 2014 and she was removed from the recommended list for promotion to SSG as of 1 May 2014.  

10.  Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  

	a.  Paragraph 1-10 states Soldiers (SPC through master sergeant (MSG)) are non-promotable to a higher grade when one of several conditions exists.  These conditions include when a Soldier becomes ineligible to reenlist based on a flag and when a Soldier has incurred a flag under the provisions of Army Regulation 600–8–2 (Flag).  

	b.  Paragraph 1-11 states that when a delay of promotion has occurred because of suspension of favorable personnel actions, the Soldier will be promoted if the flag is lifted with the disposition that the case is closed favorably, and the Soldier would have been promoted while the suspension of favorable personnel actions was in effect, provided otherwise qualified.  The effective date and date of rank will be the date the Soldier would otherwise have been promoted.

	c.  Paragraph 3-32a states the service remaining requirement is 12 months for promotion to SSG.  Paragraph 3-32b states the service remaining requirement will be computed from the effective date of promotion or from the day following the closing date of a DA Form 268 that is closed unfavorably.  Paragraph 3-32c lists categories in which Soldiers may be promoted regardless of the service remaining requirement.  The list does not include Soldiers who cannot meet the service remaining requirement because they are flagged.  

	d.  Table 3-15 (Processing Service Remaining Requirements) states that if a Soldier is ineligible to reenlist or extend to meet the service remaining requirement, the Soldier's name will be removed from the recommended and by-name lists unless an exception is authorized.  

11.  Army Regulation 601-280 (Army Retention Program) states a Soldier may be discharged for immediate reenlistment at any point not earlier than 24 months and not later than 3 months prior to their ETS.  Soldiers who are flagged are excepted from this regulatory provision.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of her record to show she reenlisted on 25 March 2014 or on any date before 1 May 2014.  

	a.  Although she submitted a request for authorization to reenlist in November 2013, the record shows she did not reenlist before she was flagged on 22 March 2014.  On 12 June 2014, 6 days after her flag was removed, she reenlisted for a 4-year period.  

	b.  There is no evidence indicating she was improperly flagged.  The favorable disposition of her case is noted; however, that does not change the fact that she could not be discharged for immediate reenlistment while she was flagged.  There is no basis upon which to change the date she reenlisted.  

2.  The evidence of record supports her request for correction of her record to show she was promoted to SSG effective 1 April 2014.

	a.  Under the provisions of Army Regulation 600-8-19, her flag was only a basis for delaying her promotion.  The only reason to remove her from the recommended list for promotion to SSG was the fact that she did not meet the service remaining requirement.  She could not meet this requirement until her flag was removed, and she reenlisted for a 4-year period within days of removal of the flag upon favorable disposition of her case.  

	b.  The applicant was a victim of unfortunate timing.  It appears that, had she reenlisted prior to being flagged, her name would not have been removed from the promotion list and, if otherwise eligible, she would have been promoted when her flag was removed.  In light of the available evidence, as an exception to the policy requiring 12 months of remaining service for promotion to SSG, it would be appropriate to correct her record to show she was promoted to SSG effective 1 April 2014 if she is otherwise eligible.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

___X____  ___X___  ___X____  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, as an exception to the policy requiring 12 months of remaining service for promotion to SSG, she was promoted to SSG effective 1 April 2014 if she is otherwise eligible.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of her record to show she reenlisted on 25 March 2014 or on any date before 1 May 2014.  




___________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)                                         AR20140011486



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ABCMR Record of Proceedings (cont)                                         AR20140011486



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