IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20150000243
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his retirement rank/grade as specialist (SPC)/E-4 vice private first class (PFC)E-3.
2. The applicant states he believes his rank should be changed because the suspension of favorable personnel actions code he received in 2012, which prevented him from being automatically promoted to SPC, had been removed prior to his medical retirement so he could be promoted before he medically retired. However, because the date of the removal was so close to his retirement date, he was never promoted and all of his military records have his rank/grade listed as a PFC/E-3 instead of SPC/E-4.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 15 February 2011, in the rank/grade of private/E-2. He completed training and he was awarded military occupational specialty 31B (Military Police).
2. His Enlisted Record Brief shows he was promoted to the rank/grade of PFC/E-3 on 1 September 2011. His record is void of evidence showing he was promoted to the rank/grade of specialist/E-4.
3. The complete facts and circumstances surrounding the applicant's retirement are not available for review. However, his record contains a duly-constituted DD Form 214 which shows the applicant was medically retired due to permanent disability in the rank/grade of PFC/E-3 on 27 October 2013.
4. During the processing of this case an advisory opinion was obtained from the Chief, Department of the Army Promotions, U.S. Army Human Resources Command. The advisory official stated after reviewing the applicant's available records the Junior Enlisted Promotions section indicated the applicant was flagged for a law enforcement investigation on 4 October 2013, and separated with the flag. The applicant never regained his promotable status; therefore, he is not entitled to a promotion in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20g, retirement due to disability.
5. On 9 March 2015, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
6. Army Regulation 600-8-19 prescribes the policies and procedures governing the promotion and reduction of Army enlisted personnel. Paragraph 1-20e (Promotion of Soldiers in the Disability Evaluation System) states in all cases, the Soldier must otherwise be fully eligible for promotion in accordance with paragraph 110 (Nonpromotable Status).
DISCUSSION AND CONCLUSIONS:
1. The applicant provides insufficient evidence to support his claim that his flag had been removed prior to his medical retirement so he could be promoted.
2. After reviewing the applicant's available records the Junior Enlisted Promotions section of the U.S. Army Human Resources Command indicated the applicant was flagged for a law enforcement investigation on 4 October 2013, and separated with the flag. It appears the applicant never regained his promotable status; therefore, he was not eligible for promotion.
3. In view of the foregoing, there is insufficient evidence to support the applicant's claim.
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) AR20150000243
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ABCMR Record of Proceedings (cont) AR20150000243
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