IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20150007177 


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 for correction of his records to show he was promoted to the rank/grade of staff sergeant (SSG)/E-6, effective 1 April 2014, with entitlement to all back pay and allowances.

2.  The applicant states, in effect, he is providing a new argument and evidence that were not previously considered.

3.  The applicant provides:

* a letter, dated 8 January 2015
* previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 7 January 2015
* 17 pages of email, dated between 15 August and 9 September 2014
* Standard Form 180 (Request Pertaining to Military Records), dated 20 August 2014
* Permanent Order (PO) 281-003, dated 7 October 2008
* two pages of postings from a group Facebook page

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 ABCMR in Docket Number AR20140016837 on 7 January 2015.

2.  As a new argument, the applicant states:

	a.  The awards in question cannot be found hence their removal from his Enlisted Record Brief.  He has tried multiple times through multiple avenues to retrieve the awards with no help.  He has called and spoken with the Awards and Decoration Branch, U.S. Army Human Resources Command (HRC), and was told the awards log should have been kept by the brigade of the unit that issued the awards.  He contacted the 1st Brigade, 4th Infantry Division, and was told the awards log was destroyed.

	b.  He has also spoken with interactive Personnel Electronic Records Management System (iPERMS) personnel and asked why the awards were not reflected in his official military personnel file (OMPF).  It was explained that without the batch number they have no way of knowing what happened to his awards and it was possible his unit never submitted them.  This is contrary to what he was told by the S-1, Noncommissioned Officer in Charge who assured him that all his awards had been submitted to iPERMS and it was iPERMS personnel who must have failed to transfer them to his OMPF.  He also contacted the National Archives and Records Administration and was told they do not have his records as he is still on active duty.  

3.  As new evidence, the applicant provides 17 pages of email, dated between 15 August and 9 September 2014, wherein he contacted HRC, his first sergeant (1SG), and several members of the 1st Battalion, 22nd Infantry Regiment, in regards to obtaining copies of orders for the Combat Medical Badge and other awards he contended that are missing from his OMPF.  None of the personnel he contacted were able to provide him any orders.

4.  The applicant enlisted in the Regular Army (RA) on 28 January 2003 and he holds military occupational specialty (MOS) 68W (Health Care Specialist).  On 1 September 2006, he was promoted to the rank/grade of sergeant (SGT)/E-5.  He is currently serving on active duty.

5.  With his previous request he provided:

	a.  A promotion point worksheet (PPW) that showed effective 23 August 2013, he had 11 awards and 476 promotion points.  It also showed he was ineligible for promotion at that time due to a flagging action (suspension of favorable personnel actions).  

	b.  A PPW that showed effective 29 January 2014, he had 5 awards, and 446 promotion points.  

6.  He had previously stated he was not promoted to SSG in April or May 2014 when the promotion cut-off scores dropped to 555 and 549 respectively, and he would have had 556 promotion points had his records not been unjustly altered.

7.  A review of his OMPF failed to show orders for the awards that were removed from his PPW and the applicant did not provide orders for the awards in question.

8.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing the promotion and reduction of Army enlisted personnel.  Paragraph 3-15 (Computation of promotion points) states, in part, for RA Soldiers, promotion points are automatically calculated based on data contained in their personnel and training records.  Every individual Soldier must take personal responsibility for the content of their own records, ensuring all data elements are accurate.  Because promotion scores are automatically calculated for RA Soldiers and are tied to a monthly promotion cycle, the calculated promotion points are a reflection of a given Soldier's records for that specific promotion month.  As such, there will be no consideration given to correct scores outside of the promotion cycle based on missing or incomplete information from within a Soldier's record.

DISCUSSION AND CONCLUSIONS:

Notwithstanding the applicant's sincerity, the evidence of record does not show and the applicant has not provided any conclusive evidence that shows he had awards that were unjustly removed from his OMPF resulting in him not being promoted to SSG in April and/or May 2014.  Regrettably, in the absence of orders showing that he should have been awarded promotion points for additional awards and he did met the promotion cut-off scores for promotion to SSG in his MOS, there is an insufficient evidentiary basis for granting the requested relief.

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 to amend the decision of the ABCMR set forth in Docket Number AR20140016837, dated 7 January 2015.



      ___________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)                                         AR20150007177





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ABCMR Record of Proceedings (cont)                                         AR20150007177



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