IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140018173
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 his records to show his promotion points were updated in time for promotion to staff sergeant (SSG)/E-6.
2. The applicant states he turned in his [promotion] points the same day as another Noncommissioned Officer whose points were updated and he was promoted to SSG.
3. The applicant indicated on his online application he was proving a memorandum for record; but, none was submitted with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 May 2006 and he holds military occupational specialty 68W (Health Care Specialist). He reenlisted on 16 October 2012.
2. He was promoted to sergeant/E-5 on 1 June 2008. He is currently assigned to B Company, Troop Command, Brooks Army Medical Center, Joint Base San Antonio (Fort Sam Houston).
3. It is unclear if and when he appeared before the SGT/SSG promotion board or the total number of his promotion points.
4. His service record contains two DA Forms 1059 (Service School Academic Evaluation Report) that show he completed the Army Medical Department Advanced Leader Course (ALC) as follows:
* Career Management Field Phase, 3 August through 22 August 2014; he authenticated his DA Form 1059 on 28 August 2014
* Phase 3 Medical Technical Tracking, 24 August through 5 September 2014; he authenticated his DA Form 1059 on 10 September 2014
5. An advisory opinion was received on 17 December 2014 from the U.S. Army Human Resources Command (HRC) in the processing of this case. An advisory official recommended denial of the applicant's request and stated:
a. HRC Junior Enlisted Promotions records indicate the applicant's military education level and military education status codes were not updated to reflect him as a graduate of all required phases of the ALC until 12 September 2014. This action was done after the published cutoff date of the 8th of the month.
b. The applicant was selected on the Headquarters, Department of the Army (HQDA) by-name list for promotion to SSG/E-6 and has been promoted with a date of rank as 1 November 2014.
6. The applicant was provided with a copy of this advisory opinion on 30 December 2014 but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's military education level and military education status codes were not updated to reflect him as a graduate of all required phases of the ALC until 12 September 2014. He completed Phase 3 of ALC on 5 September 2014 and authenticated this form on 10 September 2014.
2. The action to update his military education level and military education status codes was done after the published cutoff date of the 8th of the month. Therefore, he could not have been promoted to SSG/E-6 on 1 October 2014.
3. The applicant was subsequently selected on the HQDA by-name list for promotion to SSG/E-6 and was appropriately promoted with a date of rank as
1 November 2014. Therefore, there is insufficient evidence to grant him 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) AR20140018173
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ABCMR Record of Proceedings (cont) AR20140018173
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