IN THE CASE OF: BOARD DATE: 14 December 2010 DOCKET NUMBER: AR20100016621 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 Headquarters, 70th Regional Support Command, Order 00-290-49, dated 8 November 2000, be removed from his official military personnel file (OMPF). 2. He states he was promoted to sergeant first class (SFC)/E7 on 30 June 1998 contingent upon enrollment in the Noncommissioned Officer Education System (NCOES) within 12 months of the effective date of promotion and completion within 24 months. He completed his NCOES Advanced Noncommissioned Officer Course (ANCOC) Phases I and II within the required period. Two years after his promotion, orders were published and placed in his OMPF demoting him from SFC to staff sergeant (SSG)/E-6. 3. The applicant provides: * Headquarters, 70th Regional Support Command, Order 98-177-034, dated 26 June 1998 * DA Form 1059 (Service School Academic Evaluation Report), dated 23 July 1999 * DA Form 1059, dated 20 August 1999 * Headquarters, 70th Regional Support Command, Order 00-290-49, dated 8 November 2000 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve (USAR) on 25 February 1984 and he is currently serving in the USAR. 2. Headquarters, 70th Regional Support Command, Order 98-177-034, dated 26 June 1998, shows he was promoted to SFC/E-7 effective 30 June 1998. The orders indicated, in pertinent part, Soldiers must enroll in the appropriate NCOES within 12 months and complete it within 24 months of the effective date of promotion. 3. A DA Form 1059, dated 23 July 1999, shows he completed the ANCOC-Reserve Component (RC) 99-007 Phase I Course on 23 July 1999. 4. A DA Form 1059, dated 20 August 1999, shows he completed the Traffic Management Coordinator ANCOC RC 001-99 Phase II Course on 20 August 1999. 5. The applicant's OMPF contains Headquarters, 70th Regional Support Command, Order 00-290-49, dated 8 November 2000, which shows he was reduced from the grade and rank of SFC/E-7 to SSG/E-6 for failure to meet conditional promotion NCOES requirements by the effective date of 8 November 2000. 6. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) prescribes policy and procedures governing the classification, advancement, promotion, reduction, and grade restoration applicable to USAR Soldiers. a. Chapter 7 outlines policy and procedures governing grade reduction and restoration of USAR Soldiers. It states that a Soldier who accepts a promotion with the condition that he/she must enroll in and successfully complete a specified NCOES course and fails to meet those conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a "no-show," will be reduced to the grade and rank held prior to the conditional promotion. b. Chapter 8 governs promotions and the NCOES. It states that NCOES courses are progressive and parallel the Army NCO rank structure. Therefore, an NCO must be a graduate of the educational course required by the NCOES for his/her current grade. A Soldier who has been conditionally promoted must be enrolled and graduated from the NCOES course within the specified period of time. A Soldier must be enrolled in ANCOC within 12 months of the date of promotion and be a graduate of that course within 24 months of the Phase I completion date. A conditionally-promoted Soldier will be authorized a delay for enrollment or completion of a required NCOES course when that Soldier is ill or injured to a degree that prevents enrollment or course completion. A Soldier with the rank of SFC/E-7 must be a graduate of: (1) the Basic Noncommissioned Officer Course (BNCOC)-Active Component (AC). This includes the resident or non-resident course, or completion of an MOS-specific Army Correspondence Course Program for the ANCOC-AC, or (2) the BNCOC-RC, or (3) the Special Forces Qualification Course, or (4) the ANCOC-AC or ANCOC-RC. DISCUSSION AND CONCLUSIONS: 1. The applicant was promoted to the rank and grade of SFC/E-7 effective 30 June 1998 contingent upon his enrollment in NCOES within 12 months and completion within 24 months. The evidence of record shows he completed ANCOC Phase I on 23 July 1999 and Phase II on 20 August 1999. These courses were well within the time requirements contingent upon his promotion to SFC. 2. Order 00-290-49, Headquarters, 70th Regional Support Command, dated 8 November 2000, contained on his OMPF shows he was erroneously reduced from SFC/E-7 to SSG/E-6 for failure to meet conditional promotion NCOES requirements. Therefore, the order should be revoked and removed from the applicant's OMPF. BOARD VOTE: ____X____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. revoking Headquarters, 70th Regional Support Command, Order 00-290-49, dated 8 November 2000; b. removing Order 00-290-49 from his OMPF; and c. not filing the revocation order in his OMPF. ___________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) AR20100016621 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016621 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1