IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20150005350 


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 reconsideration of his previous request to correct his record to show he was promoted to the rank/pay grade of sergeant (SGT)/E-5 with a date of rank (DOR) and effective date of 1 July 2013 instead of 1 December 2013.

2.  The applicant states, in effect, on 2 May 2013, he appeared before the promotion board and was recommended for promotion to the rank/pay grade of SGT/E-5.  He was eligible for promotion effective 1 July 2013; however, an erroneous flag was in the U.S. Army Human Resources (HRC) system which prevented him from being promoted until 1 December 2013.  

3.  The applicant provides:

* a 4-page self-authored statement
* 10 pages of Active Guard Reserve (AGR) Cut-Off Scores
* Several pages of email correspondence
* Extracts from Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (Flag))
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 268 (Flag)
* 2 DA Forms 3355 (Promotion Point Worksheet (U.S. Army Reserve (USAR))
* 2 Promotion Packet Composition, Elections and Preferences


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140000141 on 16 October 2014.

2.  The applicant provides a self-authored statement.  The arguments contained in the statement were not previously considered by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant is currently serving in the rank/pay grade of SGT/E-5 as a member of the AGR program.  The available evidence indicates his expiration term of service (ETS) date was 8 July 2015; however, it appears he reenlisted and his new ETS date is 8 July 2021.  

4.  The available evidence also shows the applicant was fully qualified in military occupational specialty 42A (Human Resources Specialist) and recommended for promotion to the rank/pay grade of SGT/E-5 on 2 May 2013.  The promotion authority authenticated the DA Form 3355 on 18 May 2013 indicating the applicant had earned 421 points. 

5.  The applicant provides:

   a.  A DA Form 268, dated 23 October 2012, showing a 20 October 2012 Flag was removed effective 20 October 2012 based on "Disciplinary action taken."

	b.  A DA Form 268, dated 25 August 2013, showing the 20 October 2012 Flag was removed effective 20 October 2012 based on "Case closed favorably."

	c.  Several pages of email correspondence beginning in July 2013 to members of the HRC who were working to remove erroneous codes pertaining to the applicant which were present in the automated personnel system and were, in effect, blocking their ability to promote the applicant in a timely manner. 

   d.  The 1 July 2013 AGR Cutoff Scores to SGT which show the primary zone cutoff score for MOS 42A was 191 points.
   
   e.  Orders 13-329-00059, issued by Headquarters, 63rd Regional Support Command, dated 25 November 2013, announcing he was promoted to the rank/pay grade of SGT/E-5 effective 1 December 2013.


6.  An advisory opinion, dated 24 September 2014, was previously obtained from the Chief, Department of the Army Promotions, HRC.  The advisory official recommended denial of the applicant's request because the records available to the Junior Enlisted Promotions section indicated the applicant's promotion points were not input into the AGR Management Information System (AGRMIS) prior to 26 May 2013 by the 63rd Regional Support Command.  As a result, the applicant was not placed on the Headquarters, Department of the Army promotion by-name list for 1 July 2013.  

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing the promotion and reduction of Army enlisted personnel.

	a.  Chapter 3 (Semi-Centralized Promotions (SGT and Staff Sergeant (SSG)) governs the SGT and SSG promotion process.  Promotions to SGT and SSG are executed in a semi-centralized manner.  A Soldier's total points are forwarded through the appropriate database, as determined by HRC, to the automated system.  These points are consolidated into an Army-wide listing of eligible Soldiers by MOS maintained in the automated system.  A determination is then made for each MOS as to what promotion point cutoff score would promote the desired number of Soldiers to meet the needs of the Army in a specific month.  These decisions are based primarily upon budget constraints and individual MOS requirements.

	b.  Paragraph 1-10 (Nonpromotable Status) provides that Soldiers         (specialist/E-4 through master sergeant/E-8) are nonpromotable to a higher grade when they have incurred a flag under the provisions of AR 600-8-2.  Table 3-10 (Promotion standing list removal reason codes) shows Soldiers will be removed from the promotion standing list when an adverse action exists, as indicated by a suspension of favorable actions.

8.  Military Personnel (MILPER) Message 11-233 contains the following pertinent information.  It states in paragraph 5 "administrative records corrections (ARC) is a new process aimed at achieving personnel/training database accuracy used to establish SSG and SGT promotions effective 1 June 2011 and later.  In cases that would previously require an exception to policy due to an unavoidable circumstance and is no fault of the Solider, S1, or promotions work center, the promotion authority may submit a request for an ARC.  The request must be fully justified, signed by the promotion authority, and submitted to this office for approval.  All supporting documentation specific to the request must be attached or the request will be returned without action."  

	a.  Paragraph 5a states "Soldiers may be eligible for a retroactive promotion under the ARC process if he/he would have made the Department of the Army promotion point cutoff score, but was in a suspension of favorable action status and he/he was exonerated, the case was closed favorably, or a flag for adverse action was removed, provided the Soldier was otherwise qualified."

	b.  Paragraph 5b states: "Failure on behalf of the Soldier, Unit, or Promotion Work Center to update a Soldier's record (i.e., Army Physical Fitness Test, weapons qualification, Military/Civilian education, awards, etc.), integrate a Soldier onto the promotion standing list, or failure to remove a Flag is not grounds for reconsideration under the ARC process."
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his previous request to correct his record to show he was promoted to the rank/grade of SGT/E-5 with a DOR and effective date of 1 July 2013 instead of 1 December 2013 has been carefully reexamined and found to have merit.

2.  The applicant contends, in effect, an erroneous code resident in the HRC's automated personnel system prevented his ability to be promoted in a timely manner; therefore, his record should be corrected to show he was promoted to the rank/grade of SGT/E-5 with a DOR and effective date of 1 July 2013 instead of 1 December 2013.

3.  The available evidence shows a 23 October 2012 a DA Form 268 removed a flagging action effective 20 October 2012 with the annotation "Disciplinary action taken."

4.  The applicant also provided a 25 August 2013 DA Form 268 which shows a flagging action was removed effective 20 October 2012, with the annotation "Case Closed favorably."  It is reasonable to presume this document was unnecessarily created in response to an attempt to assist HRC in removing the erroneous information present in their automated personnel system which was, in effect, blocking their ability to promote the applicant in a timely manner.

5.  Regardless, the evidence shows the applicant was fully qualified in MOS 42A and recommended for promotion to the rank/grade of SGT/E-5 on 2 May 2013.  The promotion authority authenticated the DA Form 3355 on 18 May 2013 indicating the applicant had earned 421 points.  The July 2013 AGR primary zone cutoff score for MOS 42A was 191 points.  Had there not been erroneous information pertaining to the applicant present in the HRC's automated personnel system, the applicant would have been promoted on 1 July 2013.
6.  Therefore, as a matter of equity and fairness, it is recommended the applicant's records be corrected to show he met the cutoff score for promotion to the rank/grade of SGT/E-5 on 1 July 2013, promoting him to the rank/grade of SGT/E-5 with a DOR of 1 July 2013, and paying him all due back pay and allowances as a result of this correction.                 

BOARD VOTE:

___x____  ___x____  ___x____ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20140000141, dated 16 October 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he met the cutoff score for promotion to the rank/grade of SGT/E-5 on 1 July 2013, promoting him to the rank/grade of SGT/E-5 with a DOR of 1 July 2013, and paying him all due back pay and allowances as a result of this correction.                 



      __________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)                                         AR20150005350





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ABCMR Record of Proceedings (cont)                                         AR20150005350



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