IN THE CASE OF:	

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150001066 


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 adjustment of her date of rank (DOR) to sergeant (SGT), from 1 January 2015 to 1 April 2014.

2.  The applicant states:

	a.  The flagging action [suspension of favorable personnel actions] that resulted in a local Letter of Reprimand (LOR) was lifted on 7 March 2014.

	b.  Her chain of command received incorrect information from the U.S. Army Human Resources Command (HRC) and did not reintegrate her on the promotion standing list; therefore, she was not in a promotable status for the month of April when she made the cut-off score.

	c.  This caused her the loss of a promotion.  She was informed by the Inspector General (IG) that the error was caused by an HRC representative who was not properly trained, which has since been corrected. 

	d.  She was told by the IG personnel that there are no exceptions to policy and she was informed by HRC that the only course of action she could take to correct the error was by petitioning the Army Board for Correction of Military Records (ABCMR).

3.  The applicant provides:

* A copy of the LOR, dated 6 March 2014
* DA Form 4856 (Developmental Counseling Form), dated 24 February 2014
* DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)), dated 24 February 2014
* two Enlisted Record Briefs, dated 18 March 2013 and 28 February 2014
* DA Form 4856, dated 6 March 2014
* DA Form 268, 7 March 2014
* four Promotion Point Worksheets, dated 8 May 2013, 22 August 2014,     3 September 2014, and 5 December 2014
* DA Form 4856, dated 1 September 2014
* DA Form 4187 (Personnel Action), dated 18 December 2014
* memoranda pertaining to the US. Army Intelligence and Security Command (INSCOM) promotion board schedule
* an email from HRC, Junior Enlisted Promotions to the applicant, dated      12 August 2014
* an email from the INSCOM IG to the applicant, dated 22 December 2014
* HRC memorandum, dated 25 March 2014, announcing the Army promotion point cutoff scores for 1 April 2014
* several emails regarding her promotion status 

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Army National Guard from 31 January 2006 to 
11 January 2010.  She enlisted in the Regular Army on 12 January 2010 and reenlisted on 4 April 2012 for training in military occupational specialty 31B (Military Policeman).

2.  A DA From 4856, dated 24 February 2014, shows that while serving in the rank of corporal (CPL), she was counseled by her platoon SGT for violating  Army Regulation 600-20 (Army Command Policy) in regards to the use of her Government travel charge card.  Specifically, from on or about 10 June through 25 October 2013, she made several unauthorized purchases.  A delinquent report was sent to her commander indicating she was delinquent on payment of her Government travel charge card.  

3.  A DA Form 4856, dated 6 March 2014, shows she was counseled by her company commander for the misuse of her Government travel charge card.  She was informed that:

* she had been flagged for adverse action
* while flagged, she was not promotable or eligible for any favorable personnel action
* she had been removed from the promotion standing list (PSL) 
* she would not be promoted to SGT until her MP platoon leadership believed she had demonstrated the maturity and responsibility to return to the promotion board 
* she was laterally demoted from CPL to specialist (SPC) because her actions were not in keeping with the actions of a noncommissioned officer (NCO)
* she would be given formal written reprimand by the company commander

4.  By memorandum dated 6 March 2014, she was formally reprimanded by her company commander for the misuse of her Government travel charge card.  

5.  A DA Form 268, dated 7 March 2014, shows her case was closed unfavorably and that the Flag was removed effective 7 March 2014.

6.  The applicant provided an email from HRC, Junior Enlisted Promotions, dated 12 August 2014, addressed to her, stating:  "Your Flag was closed unfavorably which is correct.  You received a letter of reprimand which according to the flag regulation is how that should have been closed.  You will not be promoted for 
1 March 2014 and you will need to re-board in accordance with Military Personnel (MILPER) Message Number 11-233 (Updates and Guidance for the Semi-Centralized Promotion System)."

7.  The applicant provided a second email from the HRC, Junior Enlisted Promotions, dated 22 December 2014, addressed to her, which states:  "If your unit did not integrate you, then your only course of action is to petition the ABCMR."  

8.  The applicant provided an email from the INSCOM IG, dated 22 December 2014, addressed to her, stating:  

	a.  Sergeant First Class (SFC) S informed me you believe that when you make cutoff your promotion will be back-dated to April 2014.  I'm sorry to inform you, but this is not the case.

	b.  Your initial flagging action on 24 February 2014 automatically removed you from the PSL.  However, it was only a "temporary" removal from the PSL as you were still considered to be in a quasi-promotable status - awaiting the outcome of the commanders' investigation/determination of punishment.

	c.  Explanation of the above:  Per Army Regulation 600-8-19 (Enlisted Promotions and Reductions), a Soldier who receives a summarized Article 15 may be re-integrated onto the promotion recommended list, equally, a Soldier who receives a lesser administrative action (such as a locally filed company level LOR) will also be reintegrated onto the PSL without reappearance before a promotion board.  However, the command must take/initiate action for this to happen.  In your case, your command did not initiate/take action to do this until September 2014.  My research revealed that this was not the fault of your command nor the G-1 but a result of bad information passed to them by an employee at HRC (I spoke with HRC and they have provided the employee with additional training).  The downside to the "bad" information is that there is no recourse/exception to policy to make you whole.  HRC nor your command can back-date your reintegration onto the PSL.

	d.  As I stated earlier, you were reintegrated on the PSL on 3 Sep 2014 without a board appearance.  However, you were again flagged for weight control on 8 Oct 2014 and removed from the PSL as a result of that flag.

	e.  As for your current board and when your points take effect, that I'm a little gray on.  But I am 100 percent positive, based on my conversation with HRC, your promotion, when it happens, will not be back-dated to April 2014.  According to SFC S, your command is working with G-1 to determine when your points become effective.  

9.  In the processing of this case, an advisory opinion was obtained from HRC, Chief, Department of the Army Promotions.  The advising official recommends denial of the applicant's request and states:

	a.  The records available to the Jr. Enlisted Promotions section reflects the applicant was flagged for adverse action on 24 February 2014 making her ineligible for promotion to SGT on 1 March 2014.  She received an LOR and her flag was closed unfavorably on 7 March 2014.  

	b.  The applicant was eligible to be re-integrated back onto the promotion recommended list on 7 March 2014 and would have met the Headquarters Department of the Army (HQDA) published cutoff score for MOS 31B for 1 April 2014.  Her unit did not re-integrate her onto the promotion list until 3 September 2014.

	c.  The applicant made the HQDA promotion selection by-name list for 
1 January 2015.

10.  The advisory opinion was provided to the applicant to afford her the opportunity to provide comments or a rebuttal.  No response was received.  

11.  The applicant provided:

	a.  four Promotion Point Worksheets indicating her total promotion points;

	b.  DA Form 4187, dated 18 December 2014, requesting her lateral appointment from SPC to CPL;
	
   c.  memoranda pertaining to INSCOM promotion board schedule indicating she attended promotion boards and that she was recommended for promotion to SGT on 4 December 2014; and

	d.  DA Form 4856, dated 1 September 2014, which she received during her initial counseling upon her reassignment to the INSCOM MP Platoon.

12.  Army Regulation 600-8-19 prescribes policies and procedures governing promotions and reductions of Army enlisted personnel.  The regulation provides in:

	a.  Paragraph 1-10, Soldiers (SPC through master sergeant) are nonpromotable to a higher grade when, among other reasons, the Soldier is denied favorable personnel actions under the provisions of Army Regulation 
600-8-2 (Suspension of Favorable Personnel Actions).

	b.  Chapter 3 (Semi-centralized promotions (SGT and Staff Sergeant (SSG)), unit commanders will consider all Soldiers (SPC, CPL, and SGT) meeting the basic eligibility requirements for promotion recommendation.  Soldiers who are competent in their current rank who show potential to serve at positions of increased responsibility will be recommended for promotion to the next higher rank.  This step is a critical element of ensuring the Army develops NCO leaders within the framework of leader development doctrine in order to man future formations.

	c.  Paragraph 3-27 (Removal from recommended list):

		(1)  Soldiers must be informed, in writing through their chain of command of the removal action.

		(2)  Once the Soldiers is removed, the action is final unless reinstated in accordance with this regulation.

		(3)  Soldiers are automatically removed from the recommended list when a Flag is initiated.  Soldiers flagged for adverse action will be reintegrated by the commander onto the recommended list if the case is closed favorably (provided otherwise qualified) without re-appearance before a promotion board.

		(4)  Nonjudicial punishment imposed under the Uniform Code of Military Justice (UCMJ), Article 15 (not including summarized proceedings), regardless of whether the punishment is suspended.  It is not the intent of this regulation to remove Soldiers from a promotion list when punished under the UCMJ, with a summarized Article 15.  However, because the Flag removal (closed unfavorably) results in automatic promotion list removal, unit personnel channels (S-1s) must act to re-integrate these Soldiers to the promotion list upon closure of the Flag.

13.  An HRC document titled, "Active Component Frequently Asked Questions, Version 6, Semi-Centralized Promotions SGT/SSG (for use effective 7 April 2014), references Military Personnel (MILPER) Message Number 11-233, issued on 28 July 2011.  MILPER Message Number 11-233, paragraph 6D(1), provides that "a Soldier who is removed from the PSL for a valid reason (i.e, expired Army Physical Fitness Test, valid Flag, etc.) must reappear before a promotion board to be re-integrated onto the PSL."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her record should be corrected to show she was promoted to the rank of SGT effective 1 April 2014 instead of 1 January 2015.

2.  The available evidence shows that an adverse action Flag was imposed against her on 24 February 2014 for the misuse of her Government travel charge card.  The evidence also shows she was counseled by her company commander on 6 March 2014 and she was informed that:

* she had been removed from the PSL
* she would not be promoted to SGT until her MP platoon leadership believed she had demonstrated the maturity and responsibility to return to the promotion board 
* she had been laterally demoted from CPL to SPC because her actions were not in keeping with the actions of an NCO

3.  Army Regulation 600-8-19 provides that it is not the intent of the regulation to remove Soldiers from a promotion list when punished under the UCMJ, with a summarized Article 15 (in this case a locally imposed LOR.)  However, because the Flag removal (closed unfavorably) results in automatic promotion list removal, unit personnel channels must act to re-integrate these Soldiers to the promotion list upon closure of the Flag.

4.  In this case, the evidence shows her commander's clear intent was not to
reinstate her on the PSL until her leadership believed she had demonstrated the maturity and responsibility to return to the promotion board.  Based on the INSCOM IG's findings, it appears she was re-integrated on the PSL in September 2014, presumably when her chain of command felt she had shown the maturity and responsibility required to perform the duties of an NCO.  

5.  The information contained in the INSCOM IG's findings shows she was again removed from the PSL in October 2014 due to failing to meet the Army's weight control standards.  

6.  She was again recommended for promotion in December 2014 after becoming fully qualified for promotion to the rank of SGT.  She was promoted in January 2015 after meeting the cutoff score for her MOS for that month.

7.  The INSCOM IG's findings suggest the applicant's command failed to reintegrate her on the PSL as a result of incorrect information received from HRC; however, the evidence in this case clearly shows it was not her command's intent to reintegrate her on the PSL immediately after the removal of the Flag on 7 March 2014 or before September 2014.  

8.  Based on the foregoing, there is no evidence of error or injustice in this case.  

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)                                         AR20150001066



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ABCMR Record of Proceedings (cont)                                         AR20150001066



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