RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 March 2005
      DOCKET NUMBER:   AR20040004644


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jonathan K. Rost              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his rank of Master Sergeant (MSG), E-8 be
restored.

2.  The applicant states that his unit did not take his 900-mile weekend
drill commute or his reason for hardship into consideration.  He was
promoted to MSG and transferred to the 143d Transportation Command, which
is located in Orlando, FL.  In the interim, he also received some
additional job responsibilities in his civilian job which made his ability
to commute from Memphis, TN to Orlando, FL more difficult.

3.  The applicant states that, upon his arrival at the unit, he asked his
supervisor if he could drill in Florida and from time to time also perform
drill at his previous reserve unit.  He was told, in effect, "no."  He then
asked if he could transfer to a unit closer to his home and again he was
refused.  He was told the only way he would be released from his unit would
be to submit a letter stating he refused the promotion to MSG.  He
requested an exception to Army Regulation 140-158 under the hardship
condition.  That request was also denied and the unit began sending him
Unsatisfactory Performance letters.  He received a call from his unit and
was told the Command decided to reduce him to the rank of Sergeant First
Class (SFC), E-7 and send him to the Inactive Ready Reserve.  On 1 August
2003, he received a set of retirement orders and also a set of orders
reducing him to SFC.

4.  The applicant states that he strongly feels that the 143d
Transportation Command ended his military career in a very unprofessional
manner.  His request to be transferred to a local unit and retain the rank
of MSG was never addressed.  They decided to take his career into their own
hands and penalize him for not being able to commute to Florida.

5.  The applicant provides a Privacy Release Form to his Congressman; a
letter from him to MSG S___ dated 18 August 2003; a DA Form 4187 (Personnel
Action) dated 7 July 2003 with a memorandum dated 7 August 2003; two DA
Forms 4651-R (Request for Reserve Component Assignment or Attachment) dated
4 June 2003 and 7 July 2003; a memorandum dated 7 July 2003; a 7-page
email, last message dated 30 September 2003; orders assigning him to the
Retired Reserve dated 11 August 2003; reduction orders dated 6 August 2003;
promotion orders dated 27 February 2003; a letter from the 143d
Transportation Command Office of the Inspector General (IG) dated 18
September 2003; a certified mail receipt; and an extract from Army
Regulation 140-158.


CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 5 October 1981 through
      4 October 1985 when he was released from active duty and transferred
to a Troop Program Unit (TPU) located in Memphis, TN in the U. S. Army
Reserve (USAR).  He was promoted to SFC with a date of rank of 14 September
1995.

2.  The applicant had apparently requested promotion consideration for a
MSG position located in Orlando, FL.  He was promoted to MSG effective 1
March 2003 in military occupational specialty 71L (Administrative
Specialist).

3.  On 4 June 2003, the applicant requested transfer to a TPU located in
Huntsville, AL due to job conflict.

4.  On 7 July 2003, the applicant requested transfer to the Retired Reserve
due to hardship.  He had recently received additional job responsibilities
due to a promotion with his civilian employer and had found it extremely
difficult to maintain his active reserve status, his fulltime job, continue
his education as a college student, and fulfill his parenting
responsibilities.

5.  On 7 August 2003, the applicant requested the 81st Regional Support
Command review his request for exception to Army Regulation 140-158.  He
informed them that he requested the exception in regards to his promotion
yet he continued to receive Unsatisfactory Performance letters from his
unit.

6.  Orders dated 6 August 2003 reduced the applicant to SFC.  Orders dated
   11 August 2003 assigned him to the Retired Reserve.

7.  On 18 September 2003, the 143d Transportation Command IG informed
the applicant that a thorough inquiry revealed that his promotion had been
conditional upon serving at least 12 months in the duty position he was
promoted into.  The Command was willing to release him on his request with
his acknowledgment of a reduction in rank.  He was warned that he would be
credited with unsatisfactory performance if he chose not to accept
voluntary reduction and did not attend drills.  He had not fulfilled his
obligation and was not entitled to retain the rank of MSG in the Retired
Reserve.

8.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion,
  and Reduction) prescribes policy and procedures governing the
classification, advancement, promotion, reduction, and grade restoration of
applicable USAR Soldiers.

9.  The applicant provided an extract from section III (Promotion to
Sergeant and Staff Sergeant) of Army Regulation 140-158.  Paragraph 3-24.1
states that a Soldier who accepts a promotion voluntarily agrees to serve
in the duty position to which promoted, even if the promotion requires
reassignment to another TPU. Paragraph 3-24.1a states that the Soldier must
report for duty in the position to which promoted, comply with a
reassignment order, if issued, and serve at least 12 months in the duty
position before voluntary reassignment to another TPU.  An exception to
this policy may be granted by commanders possessing reassignment authority
where the Soldier has a change of residence or civilian employment, or
incurs an extreme hardship requiring such reassignment.

10.  Section IV (Promotion to SFC, MSG, and Sergeant Major) of Army
Regulation 140-158, paragraph 3-28c states that all Soldiers assigned to a
TPU who reside within a reasonable distance of a current or projected
position vacancy will be considered by the promotion selection board.
Soldiers who do not live within a reasonable distance of announced position
vacancies or projected vacancies may request consideration by the selection
board provided otherwise eligible.  If requesting consideration for
promotion to a position outside reasonable commuting distance, the Soldier
will provide a statement agreeing to serve in the position for a period of
not less than 12 months unless properly relieved by the commander, if
selected for promotion to that position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had been promoted to MSG to fill a MSG vacancy in a TPU
located in Orlando, FL.  Since Orlando was out of commuting distance from
his home in Memphis, TN, his promotion consideration had to have been made
at his specific request.  In addition, he had to have provided a statement
agreeing to serve in the MSG position for a period of not less than 12
months if selected for promotion to that position.

2.  Because the applicant discovered that he could not fulfill his drilling
responsibilities, he requested transfer, first, to a TPU closer to Memphis
and, second, to the Retired Reserve.  He requested he retain his rank of
MSG due to hardship as an exception to Army Regulation 140-158.  He
provided this Board an extract from Army Regulation 140-158 in support of
his request to retain his rank.

3.  However, the applicant provided the section in Army Regulation 140-158
that pertains to Sergeants and Staff Sergeants.  The section that pertains
to SFCs and MSGs does not provide for an exception due to hardship to the
12 months-of-service-in-the-new-unit requirement.  The applicant was
properly reduced to SFC when he was transferred to the Retired Reserve at
his own request.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __jtm___  __jkr___  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.




            __Raymond J. Wagner___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004644                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |133.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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