BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090007476


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 advancement to Sergeant First Class (SFC)/E-7 on the Retired List.

2.  The applicant states, in effect, he was promoted to SFC on 23 June 1980 and he served in that grade through October 1982, at which time he took administrative reduction prior to retirement to allow junior NCOs promotion opportunity.

3.  The applicant provides a copy of a DA Form 2166-6 (Enlisted Evaluation Report) showing he was rated as an SFC during the period November 1981 through October 1982.

CONSIDERATION OF EVIDENCE:

1.  With prior Regular Army (RA) service, the applicant enlisted in the Utah Army National Guard (UTARNG).  His record shows:

	a.  he was promoted to Staff Sergeant (SSG)/E-6 on 1 May 1976;

	b.  he was promoted to SFC on 23 June 1980 (promotion orders are not available);

	c.  he was issued a DA Form 1059 (Service School Academic Evaluation Report), dated 12 September 1982, for attending the Advanced 

Noncommissioned Officer Course (ANCOC).  He failed to achieve course standards because he was dropped from the course for being absent without leave (AWOL) on 10 September 1982.  The course duration was scheduled for the period 27 August 1982 through 5 December 1982;

	d.  Orders 9-1, Headquarters, XI Corps Artillery, UTARNG, Salt Lake City, UT, dated 1 February 1983, reduced him to SSG by reason of administrative reduction effective 1 February 1983 with a date of rank of 1 May 1976;

	e.  he attended ANCOC from 9 September 1983 through 11 December 1983 and he successfully completed the course;

	f.  he received his Notification of Eligibility for Retired Pay at Age 60 memorandum (commonly known as the 20-Year Letter), dated 13 September 1989;

	g.  he received a memorandum on 19 February 1997 notifying him of his nonselection for continued unit participation as a result of deliberations by a Qualitative Retention Board (QRB); and

	h.  Orders 055-143, Headquarters, UTARNG, Draper, UT, dated 9 April 1997, discharged him effective 1 May 1997 and placed him in the U.S. Army Reserve (USAR) Control Group (Retired).

2.  The applicant’s records do not contain documentation concerning the reason for his administrative reduction from SFC to SSG, but it is noted he reverted to his original SSG promotion date.

3.  National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), then in effect, prescribed the enlisted personnel management functions for the Army National Guard, to include promotions and reductions.  Table 6-3 provided promotion criteria.  Chapter 6, Section VI, provides for reduction and restoration in rank.  There are many reasons for reduction, such as inefficiency, misconduct, approval for discharge under other than honorable conditions, being dropped from the Army’s rolls, failure to complete training required of a higher rank, voluntary reductions to obtain a benefit or for personal preference, and involuntary reductions due to unit reorganization or inactivation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests advancement to Sergeant First Class (SFC/E-7) on the Retired List.

2.  The applicant's promotion order to SFC is not available.  It cannot be determined whether his promotion was conditional or what those conditions might have been.

3.  The applicant’s record does show he was promoted to SFC and he attended ANCOC.  It also shows he was dropped from ANCOC for being AWOL.  Shortly thereafter, he was reduced by orders from SFC to SSG.  The reason for the reduction is not specified in the order; however, the reduction order followed closely after his termination from ANCOC for AWOL.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's 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 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)                                         AR20090007476



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ABCMR Record of Proceedings (cont)                                         AR20090007476



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