IN THE CASE OF:  	  

		BOARD DATE:  10 September 2015	  

		DOCKET NUMBER:  AR20150005994 


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 an adjustment of his effective date of promotion and date of rank to sergeant (SGT)/E-5 in the U.S. Army Reserve (USAR) from 1 May to 1 March 2015 with entitlement to back pay and allowances. 

2.  The applicant states he appeared before the 12th Psychological Operations Battalion's promotion board and he was recommended for promotion.  He was in the primary zone and he met the Permanent Promotion Recommended List (PPRL) cut off points to be promoted on 1 March 2015.  However, he was not placed on the PPRL due to an error in the previous promotion board he attended and the error had to be fixed.  He was previously erroneously promoted to E-5 but his orders had to be revoked.  That was the second time he was erroneously promoted to E-5 through no fault of his own.  It affected his promotion even when he was recommended and met all the requirements.  He should have been promoted on 1 March 2015.  Although he was promoted on 1 May 2015, this put him 2 months behind and the error is affecting him. 

3.  The applicant provides:

* Promotion Orders Number 14-115-00030, dated 25 April 2014
* Revocation Orders Number 14-115-00078 (revoked/rescinded Promotion Orders Number 14-115-00030, dated 25 April 2014)
* Promotion Orders Number 14-181-00031, dated 30 June 2014
* January 2015 Report of Promotion Board Proceedings to Sergeant and Staff Sergeant, and allied documents

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the USAR in the rank/grade of private first class/E-3 on 16 August 2011.  He was trained in and holds military occupational specialty 91B (Wheeled Vehicle Mechanic).  

2.  He was promoted to specialist/E-4 on 16 March 2013 and he attended the Warrior Leader Course from 2 to 20 September 2013.  He was also laterally appointed to corporal/E-4 on 25 March 2014.

3.  On 10 March 2014, the applicant appeared before the 12th Psychological Operations Battalion's (Moffett Field, CA) Staff Sergeant (SSG)/SGT Promotion Board.  He was not recommended for promotion.  

4.  On 25 April 2014, Headquarters, 63rd Regional Readiness Command (RRC), Mountain View, CA published Orders 14-115-00030 promoting the applicant to SGT/E-5 effective 1 May 2014. 

5.  Also on 25 April 2014, Headquarters, 63rd RRC published Orders 14-115-00078 revoking Orders 14-115-00030 that promoted the applicant to SGT/E-5.

6.  On 18 June 2014, the applicant appeared before the 17th Psychological Operations Battalion's (Austin, TX) SSG/SGT Promotion Board.  He was not recommended for promotion.  

7.  On 3 January 2015, the applicant appeared before the 12th Psychological Operations Battalion's SSG/SGT Promotion Board.  He was recommended for promotion and his name was added to the PPRL.  

8.  On 21 April 2015, Headquarters, 63rd RRC published Orders 14-111-00023 promoting the applicant to SGT/E-5 effective 1 May 2015. 

9.  An advisory opinion dated 8 June 2015 was received by this Board from the U.S. Army Human Resources Command (HRC) in the processing of this case.  After reviewing his application for correction of military records, HRC determined that his request for correction of military records should be disapproved.

	a.  The records available to the Junior Enlisted Promotions section indicate the applicant appeared before the March and June 2014 promotion boards.  He was not recommended at both promotion boards.  He appeared before the January 2015 promotion board and he was recommended.  The original promotion point calculations completed by his unit on the enclosed DA Form 3355 (Promotion Point Worksheet-USAR), dated 9 January 2015, reflected 346 points.  The 63rd RRC corrected the promotion points and entered 341 into the Active Guard Reserve Management Information System (AGRMIS) on 2 February 2015.  

	b.  In accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 3-11c, all monthly promotion transactions must be completed by the human resource specialist and posted to automated systems at HRC no later than the 26th calendar day of the board month.  Commanders and S-1s must adhere to this strict requirement to ensure individual Soldiers are not otherwise ineligible for promotion due to untimely submission.  Promotion points are effective on the first (1st) calendar day of the second month following approval by the promotion authority and input into the automated system. 

	c.  The applicant was erroneously promoted to SGT with an effective date of 1 July 2014.  His unit failed to restore his rank back to specialist (SPC) until April 2015, resulting in him not being considered for 1 April 2015 promotion selection to SGT.  The applicant made the promotion by-name list for 1 May 2015 to SGT.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, monthly promotion transactions must be completed by the HR specialist and posted to automated systems at HRC no later than the 26th calendar day of the board month.  Adherence to this strict requirement ensures individual Soldiers are not otherwise ineligible for promotion due to untimely submission.  Promotion points are effective on the 1st calendar day of the second month following approval by the promotion authority and input into the automated system. 

2.  The applicant previously appeared before two promotion boards but he was not recommended for promotion.  His higher headquarters erroneously promoted him to SGT with an effective date of 1 July 2014.  His unit failed to restore his rank back to SPC until April 2015, resulting in him not being considered for 
1 April 2015 promotion selection to SGT. 

3.  He made the promotion by-name list for 1 May 2015 to SGT.  As a result, his effective date of promotion and date of rank to SGT is correctly shown as 1 May 2015 and there is no reason to change it. 







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)                                         AR20150005994



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ABCMR Record of Proceedings (cont)                                         AR20150005994



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