BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140018397
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, in effect, that his records be placed before an enlisted standby advisory board (STAB) for promotion reconsideration to sergeant major (SGM)/E-9.
2. The applicant states:
a. It is his belief that court-martial documents placed in his official military personnel file (OMPF) have been viewed by previous boards resulting in his non-selection.
b. Regulatory guidance clearly states all documents in the OMPF to include the restricted folder may be viewed during the selection process.
c. It has been stated throughout his career that documents in his restricted folder cannot and have not been viewed by the board.
3. The applicant provides:
* one page of electronic mail (email)
* three memoranda
* a four-page extract of Army Regulation 600-8-19 (Enlisted Promotions and Reductions)
* a five-page extract of Army Regulation 600-8-104 (Army Military Human Resource Records (AMHRR) Management)
CONSIDERATION OF EVIDENCE:
1. The applicant is a master sergeant (MSG) serving in the Regular Army (RA) in military occupational specialty 74D (Chemical, Biological, Radiological, and Nuclear Specialist).
2. The restricted folder of his OMPF contains a record of trial by special court-martial, dated 6 May 2004. The special court-martial order lists three separate charges and seven specifications; however, he pled not guilty and he was found not guilty of all of the charges and specifications during a special court-martial proceeding held on 25 February 2004.
3. The applicant provides:
a. A memorandum to the Commander, Human Resources Command (HRC), dated 18 June 2014, requesting STAB consideration for the fiscal year 2007 through 2012 SGM boards.
b. An email dated 28 August 2014, from a member of HRC, Promotions Branch, who states the applicant's request for a STAB was denied because it did not meet the criteria of Army Regulation 600-8-19, Chapter 4-13. It states the restricted portion of the AMHRR is not included in the promotion board file and it therefore did not affect the board's decision regarding the applicant.
c. Extracts of Army Regulations 600-8-19 and 600-8-104.
4. Army Regulation 600-8-19, chapter 4-1, provides the rules and steps for managing the centralized promotion system to sergeant first class, MSG, and SGM for the RA and U.S. Army Reserve Active Guard/Reserve Soldiers.
a. Paragraph 4-1g states Soldiers selected to attend the U.S. Army Sergeants Major Course (USASMC) by a centralized selection board are subject to post-board personnel suitability screening. This process includes review of information contained on the restricted section of the AMHRR, substantiated Department of the Army Inspector General reports, and reports filed with the U.S. Army Crime Records Center. Soldiers found to have possible disqualifying derogatory information as a result of this screening will receive separate written notification from HRC. The notification will include copies of all derogatory information and will outline the rebuttal process for submission to a STAB. The STAB, complete with the Soldier's rebuttal should one be rendered, will then consider the Soldier's eligibility for attendance to the USASMC.
b. Paragraph 4-3d states Soldiers who are not selected for promotion or USASMC attendance will not be provided specific reasons for nonselection. Counseling of Soldiers not selected for promotion is not required. Soldiers may and are encouraged to contact their respective career professional development noncommissioned officer within their branch for an analysis on how to enhance their careers.
c. Paragraph 4-13 states STABs are convened to consider records of those Soldiers not reviewed by a regular board or whose records were not properly constituted, due to a material error, when reviewed by the regular board. Material error is considered one sufficient enough to cause the nonselection of a Soldier for promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his records be placed before a STAB for promotion reconsideration to SGM has been carefully examined and found to be without merit.
2. The applicant's court-martial order is resident in the restricted portion of his AMHRR. Had the applicant been selected for promotion to SGM, a review of the information contained in the restricted portion of his AMHRR as part of the post-board personnel suitability screening for attendance at the USASMC would be appropriate.
3. The applicant was informed by a member of HRC, Promotions Branch that the restricted portion of the AMHRR is not included in the promotion board file and it therefore did not affect the board's decision regarding the applicant's nonselection. In accordance with the applicable regulation, Soldiers who are not selected for promotion or USASMC attendance will not be provided specific reasons for nonselection.
4. Based on the foregoing, there is insufficient evidence in the applicant's record and he did not provide sufficient evidence to show his promotion file contained a material error significant enough to prevent his selection for promotion to SGM. Therefore, there is an insufficient basis for granting the applicant's request.
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) AR20140018397
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