IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140021463
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 record to show he was promoted to sergeant (SGT)/E-5 and that his military occupational specialty (MOS) be changed from 95B1O (Military Police-Basic) to 95B2O (Military Police-Supervisor).
2. The applicant states he was promoted from specialist (SPC)/E-4 to SGT/E-5 on 1 September 2001 under the condition that he attend the Primary Leadership Development Course (PLDC) before 31 August 2002. His expiration of term of service (ETS) date was supposed to be 11 May 2002 which would have allowed him to ETS as a SGT/E-5. However, he was held an extra 12 months because of a stop loss. His command held him from PLDC because he did not re-enlist.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 2-1 (Personnel Qualification Record), and his Enlisted Record Brief.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 12 August 1997, the applicant enlisted in the Regular Army. After initial training, he was awarded MOS 95B10.
3. Section I of his DA Form 2-1 shows he was advanced to E-4 on
12 November 1999, to E-5 on 1 September 2001, and reduced to corporal (CPL)/E-4 on 1 November 2002.
4. A review of his records failed to reveal any information to show that the applicant was ever promoted to SGT/E-5, that he attended or was scheduled to attend PLDC, or that he qualified for MOS 95B2O.
5. On 11 August 2003, the applicant was honorably released from active duty in pay grade E-4 due to his completion of required service. He had served 6 years of total active service.
6. Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) prescribes the policies and procedures governing the duties for MOS 95B at each level of skill:
* 95B1O (pay grades E-4 and below) - Performs as a team member in support of battlefield operations, installation law and order operations and security of Army resources and installations; and
* 95B2O (pay grade E-5) - Leads military police teams in support of battlefield operations and leads and supervises small sections in support of security and installation law and order operations
7. Army Regulation 600-8-19 prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. The regulation in effect on May 2003 provided, in pertinent part, conditional promotions for Soldiers who have met a cutoff score and are otherwise qualified, but have not completed PLDC. These Soldiers may be promoted (when approved by the promotion authority) when they are reflected on the order of merit list (OML) for PLDC attendance, when they are operationally deployed (less training centers), or when a temporary profile prohibits PLDC attendance. When the promotion authority approves a conditional promotion, he must state that the Soldier is otherwise fully eligible and will attend PLDC within 12 months of promotion or prior to the individuals expiration of term of service (ETS), whichever occurs first. Promotion to the rank of SGT incurred a 6-month service remaining obligation at that time. Promotions are only authorized during the month for which the cutoff score is met. However, when Soldiers have not met the Noncommissioned Officer Education System (NCOES) requirement, exceptions are allowed.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was promoted to SGT/E-5 but was prevented from attending the required PLDC in order to accept promotion has been noted and found to lack merit. While the applicant may have been in a promotable status on 1 September 2002, the PLDC was required in order to be promoted or, in the case of a conditional promotion, to retain the grade.
2. While the facts and circumstances surrounding his promotion and reduction are not present in the available records, it does show that he was advanced to
E-4 on 12 November 1999 and to E-5 on 1 September 2001, but reduced to corporal (CPL)/E-4 on 1 November 2002. The regulation in effect at the time allowed his promotion authority to approve a conditional promotion to the rank of SGT/E-5 provided the promotion authority essentially guaranteed that the applicant would complete PLDC within 12 months or his ETS, whichever came earlier. It appears he did not meet the condition to retain his promotion and was reduced as a result.
3. There is nothing in the applicant's record to show that he was promoted to SGT/E-5 after his reduction in 2002; therefore, he was not eligible for MOS 95B2O.
4. In view of the foregoing, there is no basis for granting the relief he has requested.
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) AR20140021463
4
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