IN THE CASE OF: BOARD DATE: 3 June 2010 DOCKET NUMBER: AR20090019947 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 correction of his records as follows: a. Revocation of Orders 08-247-00001 directing his reduction from sergeant first class (SFC)/E-7 to sergeant (SGT)/E-5. b. Award of Warrior Leadership Course (WLC) completion credit based on completion of Petty Officer training during his U.S. Navy (USN) active service or in the alternative, a waiver to attend the WLC as an SFC/E-7. 2. The applicant states the following: a. When he entered the U.S. Army Reserve (USAR) as a SGT/E-5 in 2000, he was told he did not need to attend the WLC (formerly known as the Primary Leadership Development Course (PLDC)) based on his USN active service and that he could submit a staff sergeant (SSG)/E-6 promotion packet after serving the appropriate time in grade (TIG). He was also told the same thing by his battalion S-1 upon his assignment to his troop program unit (TPU), the 7th Squadron, 6th Cavalry Regiment. He was promoted to SSG/E-6 during his deployment to Kuwait from June 2002 through February 2003. He was ordered to active duty again in support of Operation Iraqi Freedom (OIF) and served in Iraq from June 2004 to November 2005. He submitted an SFC/E-7 promotion packet. b. He checked into the Basic Noncommissioned Officers' Course (BNCOC) at the 1st NCO Academy, Camp Bell, LA on 5 November 2005, but he was denied enrollment because he had not completed WLC. Upon returning to his unit, he was told he could not attend WLC as an SFC/E-7 and that a waiver was requested through the 11th Tactical Aviation Command, Fort Knox, KY. He continued to inquire about attending WLC while at the same time checking on his waiver. In early 2008, he was told that his waiver was disapproved but there was no mention of him being reduced in grade. c. In March 2008, he accepted a new out-of-state position but before he left in June 2008 he made arrangements with his chain of command that he would be given authorized absence from drills until he was stable, transferred to another unit, or until he was discharged. However, in October 2008, reduction orders were issued by reason of not attending WLC. He met with his squadron commander who essentially told him he could not do much for him. But at no time was he counseled about the need to attend WLC or told a reduction in rank action would be pursued as an option. The authority cited in the reduction orders either did not apply to him or are nonexistent. 3. The applicant provides the following documents: * A copy of Orders 08-247-0001, issued by Headquarters, 11th Aviation Command, Fort Knox, on 3 September 2008 * A copy of a DA Form 4856 (Developmental Counseling Form), dated 5 November 2006 * A copy of Orders 05-234-00003, issued by Headquarters, 24th Aviation Brigade, Fort Sheridan, IL, on 22 August 2005 * A copy of a letter, dated 18 August 2005, from the Deputy Chief of Staff, G-1, 90th Regional Readiness Command (RRC), North Little Rock, AR, dated 18 August 2005 * A copy of a certificate of promotion to SSG/E-6, dated 17 December 2002 * Copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 9 November 2005 (USAR), 13 February 2003 (USAR), and 20 June 1998 (USN) * A copy of his USN training record CONSIDERATION OF EVIDENCE: 1. The applicant's records show he enlisted in the USN on 18 July 1988 and he was honorably discharged in the rank of SGT/E-5 on 20 June 1998. 2. After a break in service, he enlisted in the USAR on 3 April 2000 in the rank/grade of SGT/E-5. He was assigned to Troop D, 7th Squadron, 6th Cavalry, Conroe, TX, in military occupational specialty 92A (Automated Logistics Specialist). 3. On 4 June 2002, he was ordered to active duty in support of Operation Desert Spring and subsequently served in Kuwait from June 2002 through February 2003. 4. On 17 December 2002, Task Force 7th Squadron, 6th Cavalry Regiment, Camp Doha, Kuwait, published Orders 351-1 promoting him to SSG/E-6 with an effective date and DOR of 17 December 2002. However, his DA Forms 2166-7 (Noncommissioned Officer (NCO) Evaluation Reports) for the periods April 2002 through March 2003 and April 2003 through March 2004 show his DOR as 1 December 2002. 5. In May 2004, he was reassigned to another TPU, Company D, 229th Aviation Battalion, 244th Aviation Brigade. 6. On 6 June 2004, he was ordered to active duty in support of OIF and he subsequently served in Iraq. During his deployment to Iraq, Headquarters, 244th Aviation Brigade, Fort Sheridan, IL, published Orders 05-234-00003, dated 22 August 2005, announcing his promotion to SFC/E-7 with an effective date and DOR of 1 September 2005. 7. On 9 November 2005, he was honorably released from active duty to the control of his USAR unit. 8. On 5 November 2006, he was counseled by a BNCOC small group leader regarding his ineligibility to attend BNCOC at the 1st NCO Academy, 199th Regiment (Leadership) by reason of not having attended PLDC/WLC and that his USN training did not equate to PLDC/WLC as required by Army Regulation 350-10 (Management of Army Individual Training Requirements and Resources), paragraph 2-16(b)(1)(a-j). 9. In November 2007, he was reassigned to another TPU, the 1st Battalion, 158th Aviation Regiment, 11th Aviation Command, Conroe, TX. 10. On 29 February 2008, by DA Form 4187 (Personnel Action) to the U.S. Army Human Resources Command, St. Louis, MO (USAHRC-STL), the applicant requested constructive credit for WLC. He attached a copy of a USN education printout as well as his DD Forms 214 and NCO Evaluation Reports. 11. An official at USAHRC-STL stated that based on the USN education printout/transcripts provided by the applicant, he was unable to determine which courses were supposed to be Navy NCO Academy courses and that these courses appeared to be correspondence courses. 12. On 3 September 2008, Headquarters, 11th Aviation Group, Fort Knox, published Orders 08-247-00001 reducing him from SFC/E-7 to SGT/E-5, effective 3 September 2008, in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reduction), paragraphs 10-16, 10-17, and 10-18. 13. On 2 March 2009, he executed a 3-year reenlistment in the USAR in the rank/grade of SGT/E-5 and on 12 May 2009, he was transferred to another TPU, the 3rd Battalion, 382nd Regiment, 155th Aviation Brigade, Fort Riley, KS. 14. On 17 October 2009, a suspension of favorable personnel actions (flagging action) was initiated against him by reason of failing his Army Physical Fitness Test (APFT). A flagging action prohibits personnel actions, including promotion and attendance at civil or military schooling. 15. On 19 February 2010, he was reassigned from the USAR Control group (Reinforcement) to the USAR Control Group (Standby Reserve) by reason of overseas employment. 16. In the processing of this case, on 10 May 2010, an advisory opinion was obtained from the Deputy Director, Enlisted Personnel Management, USAHRC-STL. The advisory official stated that after a thorough review of the applicant's records, his office recommends his reinstatement to the rank of SFC with the understanding that he will not be eligible for promotion to master sergeant (MSG) until he completes all required NCO education courses. He also recommended the U.S. Army Sergeants Major Academy (USASMA) reconsider his constructive credit request for completion of WLC based on his acquired skills while performing duties as an SFC from 1 September 2005 through 3 September 2008. The official also adds: a. The reduction order issued by the 11th Aviation Command is not valid. The authority cited does not accurately reflect the applicant's situation. Paragraph 10-16 is intended for Soldiers who are promoted to attend a course such as Officer/Warrant Officer Basic Course. Paragraph 10-17 is for unsatisfactory participation, which is not the case in the applicant's situation. Paragraph 10-18 states that the failure to attend must be due to the Soldier's fault. b. He was promoted to SSG and SFC while deployed. Neither promotion order indicates his promotion was conditional upon completion of NCOES. While the Army regulation clearly states that completion of the requisite NCOES is a requirement for promotion, the applicant's unit promoted him anyway. His promotion was clearly erroneous based on the fact that during this timeframe there were no provisions in any Army regulation to allow such a promotion without having first completed NCOES. c. Upon his return from deployment, he made several attempts to complete the requisite NCOES. He requested equivalent training for WLC but he was denied by USASMA. He has also enrolled and reported to BNCOC but he was denied enrollment because he had not attended WLC. 17. He was provided with a copy of this advisory opinion and he concurred on 13 May 2010. 18. Army Regulation 600-8-19 prescribes policies and procedures governing promotion and reduction of Army enlisted personnel. a. Paragraph 1-27 (NCOES Requirement for Promotion and Conditions Promotion) states that a Soldier must be a WLC graduate or equivalent for recommendation to SSG/E-6 and a BNCOC graduate for consideration eligibility to SFC/E-7. b. Paragraph 1-27c states that active Army, Army National Guard (ARNG), and USAR AGR Soldiers otherwise eligible for consideration but lacking the prerequisite level of NCOES as a direct result of operational deployment conflicts, or inability of the Army to schedule the course, will be granted a waiver of the NCOES requirement by the Army G-1. The authority to grant waivers to USAR Soldiers is delegated to the U.S. Army Reserve Command for TPU Soldiers, and USAHRC-STL for all Individual Ready Reserve (IRR) and drilling Individual Mobilization Augmentation (IMA) Soldiers. Furthermore, Soldiers selected for promotion to SFC/E-7 and master sergeant (MSG)/E-8, whose eligibility resulted from a waiver of the requisite NCOES, will have their promotion held in abeyance until the requisite course is completed. Deployed Soldiers assigned or attached to a unit participating in OEF/OIF will be conditionally promoted, provided otherwise eligible, to SFC or MSG for Reserve Component (RC) Soldiers, upon identification of a valid position vacancy in the grade of SFC or MSG. The condition of promotion to MSG and SFC requires Soldiers to complete the appropriate level of NCOES (BNCOC for promotion to SFC and Advanced Noncommissioned Officers' Course (ANCOC) for promotion to MSG) as follows: For RC Soldiers, within two years upon redeployment from the area of operations. In all cases, for all components, requests for exceptions to the established time frames must be submitted in writing to the G-1 for approval. Soldiers who fail to complete the required level of NCOES within the prescribed time frame will be reduced according to the provisions of paragraph 10-17 to their former rank. c. Paragraph 1-27d states that Soldiers deployed or assigned to Warrior Transition Units (WTU) (Medical Hold or Medical Hold-Over Units) whose medical condition was incurred in direct support of Global War on Terrorism (GWOT) operations and who are otherwise eligible for recommendation may be recommended and promoted to SSG without the WLC with a waiver. The waiver approval authorities are the Commander, USAHRC-Alexandria, VA; Commander, U.S. Army Reserve Command; or Commander, Army National Guard (ARNG), as appropriate. These three authorities may further delegate this waiver approval authority, in writing, to colonel-level division chiefs under their respective control. Soldiers subsequently integrated onto the SSG list or selected and promoted to SSG, with a waiver, must complete the WLC within 270 days of their redeployment (date Soldier returns to home station or demobilization station for Reserve Components) or release (to duty) from the WTU. Failure to successfully complete the WLC within 270 days of redeployment or release from the WTU will result in administrative reduction to SGT (if applicable) or removal from the SSG list, unless the timeframe is extended by the G-1. Promotion instrument will include the following statement: "Soldier is promoted contingent on completing the WLC. If the Soldier fails to successfully complete, fails to remain eligible for, is denied enrollment in, or does not attend his/her scheduled WLC class (through fault of the Soldier) within 270 days of redeployment or release from the WTU, as applicable, then the Soldier will be administratively reduced and must re-compete for promotion." As an exception to the 270 day rule, Soldiers assigned to a WTU (previously granted WLC waivers) promoted to SSG (contingent on completion of WLC) who are unable to attend the WLC solely on the basis of medical disqualification and are subsequently medically retired or separated will not be administratively reduced for failure to attend WLC. The G-1 is the approval authority for all exceptions to the established policy and all subsequent extensions of previously approved waivers. d. Paragraph 10-18 states that Soldiers who fail to successfully complete, fail to remain eligible to be scheduled for or attend, who are denied enrollment in, or who do not attend their scheduled NCOES class (through fault of the Soldier) will be administratively reduced or removed from the promotion list. Soldiers will only be reduced when NCOES is required for his/her current grade. The effective date of administrative reduction is the date of the action that caused the Soldier to be ineligible to retain the promotion. The DOR will be the previous DOR held at the reduced grade. 19. Army Regulation 350-1 (Army Training and Professional Development) consolidates policy and guidance for Army training and leader development and supports a full spectrum, force protection, expeditionary Army, and applies to all components of the Army. Paragraph 3-18 provides for course credit. It states that individuals who meet the applicable course prerequisites and are otherwise eligible to attend a course may qualify for the following types of course credit: a. Constructive credit may be granted to individuals in lieu of course attendance based on previous leadership experience and/or past academic/training experiences. In all cases the U.S. Army Training and Doctrine Command (TRADOC) or the proponent school will assess the individual’s past comprehensive military or civilian experience against established course critical tasks. Individuals must possess the same skills and qualifications as course graduates. b. Equivalent credit may be granted to individuals in lieu of course attendance based on courses possessing comparable critical tasks. Critical task assessments are performed by TRADOC or the respective proponent school. Individuals must possess the same skills and qualifications as course graduates. c. Operational credit may be granted to individuals in lieu of course attendance based on operational experiences. 20. Personnel awarded course credit will be considered for promotion, assignment, or other personnel actions on the same basis as graduates of the course concerned. For military personnel, requests for credit is submitted on a DA Form 4187 and includes an outline of the individual’s prior leadership and technical training and experiences as they relate to the critical terminal learning objective, with supporting documentation. Individuals requesting course credit will submit the request through command channels and through the course proponent to Commander, USAHRC, ATTN: AHRC-EPT-FN, Alexandria, VA, for Active Army Enlisted Soldier and Commander, Headquarters, U.S. Army Reserve Center, ATTN: ARRC-TRI for USAR Enlisted Soldiers. DISCUSSION AND CONCLUSIONS: 1. The evidence of records shows he enlisted on in the USAR as a SGT/E-5 in April 2000. He did not deploy to Kuwait until June 2002. He had over 2 years to complete PLDC/WLC during this period; but did not do so. It is unclear if his unit failed to schedule him or he failed to attend a scheduled class. 3. He submitted a SSG promotion packet and then deployed to Kuwait in June 2002. It is unclear how he was promoted without having met the NCOES requirements; nevertheless, he was promoted to SSG during his deployment in what appears to be a conditional promotion. He returned in February 2003 and did not deploy again until June 2004. Again, there was a period of 16 months during which he could have completed the required NCOES. 4. He then submitted an SFC promotion packet despite lacking both WLC and BNCOC and he was ultimately promoted to SFC in September 2005. It is unclear how and why he was promoted to SFC despite not being eligible for consideration due to lack of appropriate NCOES. He returned from OIF in November 2005 and reported for BNCOC in November 2006. There was a 12 month window during which he could have attended WLC as a prerequisite for BNCOC. 5. He was denied enrollment in BNCOC and returned to his unit for not having completed WLC which should have alerted him to the need to complete WLC. But, again, he did not complete WLC. He requested course credit for WLC but it was denied. He still has not completed this course. He was ultimately reduced in September 2008 for lack of completing the NCOES requirements for each grade. 6. It appears that he received a conditional promotion to SSG/E-6 while deployed, redeployed, deployed again, and received an erroneous or conditional promotion to SFC/E-7. Although it is clear that his chain of command failed him in that he was issued promotion orders without attaining the military education prerequisites for each grade, he also failed himself in not completing the required NCOES course when he had many opportunities to do so. He remains unqualified for either grade today and appears to be more focused obtaining a waiver for equivalent credit instead of attending the appropriate NCOES courses. Furthermore, his October 2009 APFT failure and subsequent flagging action make him ineligible to attend NCOES and places him in a non-promotable status. 7. Notwithstanding the advisory opinion submitted by USAHRC-STL, the applicant remains educationally unqualified and should not have his rank/grade of SSG/E-6 or SFC/E-7 reinstated. He may feel uncomfortable attending WLC; but the fact remains he should request through his chain of command attendance at the 4-week WLC at any of the several NCO Academies throughout the country that support his unit. Once he completes WLC (or receive credit), he may re-compete for promotion to SSG and once he completes BNCOC (or receives credit), he may re-compete for promotion to SFC. 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) AR20090019947 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090019947 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1