RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20040011259


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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 her date of rank to sergeant first class
(SFC), pay grade E-7 be adjusted to 1 September 2002.  She also requests to
be paid the difference between pay grade E-6 and E-7 pay for duty performed
from 27 October 2003 to 14 July 2004.

2.  The applicant states that she was conditionally promoted to SFC on
1 September 2002.  She was reduced in rank on 27 October 2003 under the
provisions of Army Regulation 140-158, paragraph 4-17d for failure to meet
the two-year Active Guard Reserve service obligation after she requested
release from active duty.  She states that the Army Reserve Active Duty
Management Directorate (ARADMD) failed to implement or enforce the
provisions of Army Regulation 140-158, paragraph 4-17d until well after her
request for release from active duty was submitted.  She also states that
this rule was only applied to her case when it was found she could not be
reduced in rank for failure to complete the Advanced Noncommissioned
Officer Course (ANCOC).

3.  She further states that the reduction was not a matter of enforcing
regulations, but a form of reprisal for her questioning the period of time
to receive transition orders.  She was scheduled to travel from Seattle,
Washington to Pittsburgh, Pennsylvania in the beginning of December 2003,
but she still did not have transition orders even though her request for
release from active duty was initiated in July 2003.  She states that she
reluctantly agreed to the reduction in rank because ARADMD, Human Resources
Command, refused to produce transition orders unless she was reduced in
rank.  She felt she had no other choice because she had less than 40 days
before her scheduled departure.  She cited a chronological list of events
which occurred between 2 May 2002 and
2 December 2003.

4.  The applicant provides her Active Guard Reserve assignment orders; her
email notification of selection for promotion; a Personnel Action (DA Form
4187) requesting deferment of ANCOC with an attachment; a Personnel Action
requesting to attend Service School; a Personnel Action requesting
separation; her Request and Authority for Leave (DA Form 31); e-mails
regarding her expiration of term of service (ETS) paperwork, rank
reduction, and service member assistance; an amendment to reduction orders
to change reason; her reassignment orders to the 99th Regional Readiness
Command in Coraopolis, Pennsylvania; her promotion orders to SFC dated 12
August 2002; her reduction orders to staff sergeant (SSG); her promotion
orders to SFC dated 8 July 2004 and a portion of Army Regulation 135-18,
chapter 1, dated 19 June 2003.


CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the Regular Army, the applicant
enlisted in the U.S. Army Reserve on 27 December 1983.

2.  On 12 September 1988, she was ordered to active duty in the Active
Guard Reserve in the rank of sergeant for a period of three years.

3.  The applicant was promoted to SSG, E-6 on 28 July 1999.

4.  She was ordered to active duty in the Active Guard Reserve on 19
February 2001 in the rank of SSG for a period of three years and assigned
to the 70th Regional Support Command in Seattle, Washington.

5.  The applicant provided an e-mail dated 2 May 2002 from a SFC at the
U.S. Army Reserve Personnel Command.  This e-mail congratulated the
applicant on her promotion to SFC.

6.  The applicant was conditionally promoted to SFC with an effective date
and date of rank of 1 September 2002 by Department of the Amy, U.S. Total
Army Personnel Commander, St. Louis, Missouri Orders 224-33 dated 12 August
2002.  The promotion orders stated that "Soldiers who were promoted
automatically incur a 2-year AGR obligation prior to voluntary
nondisability retirement."  She was also awarded primary military
occupational specialty (MOS) 46Q (Journalist).

7.  The applicant submitted a request on 20 November 2002 for deferment
from the ANCOC scheduled for 6 January 2003 to 18 February 2003.  She
requested to attend the next 46Q AC [active component] ANCOC class or RC
[Reserve component] ANCOC Phase 1 Common Core Class 012 scheduled at Fort
Lewis, Washington from 9 August 2003 to 22 August 2003 and RC ANCOC Phase 2
Public Affairs Supervisor class.  She cited the reason for her request as
her son's diagnosis of major depression and medical treatment on 16
November 2002.  The request was approved by a colonel on 21 November 2003.

8.  On 15 May 2003, she submitted a request to attend the ANCOC Phase 1
Common Core Class and Phase 2 Advanced Public Affairs Supervisor class.
The primary class date was 5 January 2004.

9.  On 2 July 2003, the applicant voluntarily requested separation at the
completion of her tour.  She indicated that her tour expired on 27 January
2004.

10.  On 17 October 2003, the Deputy Chief of Staff, G-1 at Fort Lawton,
Washington recommended that the applicant not be reduced per Army
Regulation 140-158, paragraphs 7-12, 8-19c, and 8-1.  The Deputy Chief of
Staff stated that the applicant did not meet the reduction criteria, was
deferred, and was still in the allowable timeframes per regulation.  The
Deputy Chief of Staff also stated that the applicant had coordinated with
the 99th Regional Readiness Command to fill a Troop Program Unit (TPU)
position and would continue her Army career in the Reserve.  He further
stated that the applicant had until 1 September 2004 to complete ANCOC due
to her deferment request.

11.  Headquarters, 70th Regional Readiness Command, Seattle, Washington
Orders 03-3000-00027 dated 27 October 2003 reduced the applicant from SFC
to SSG effective 27 October 2003 with a date of rank of 28 July 1999.  The
orders cited the regulatory authority as Army Regulation 140-158, 7-12,
Failure to meet conditional promotion NCOES requirements.

12.  Headquarters, 70th Regional Readiness Command, Seattle, Washington
Orders 03-304-00003 dated 31 October 2003 amended the regulatory authority
for the applicant's reduction to Army Regulation 140-158, 4-17,
Administration of the service remaining obligation.

13.  The applicant was apparently reassigned from the 70th Regional
Readiness Command to the U.S. Army Control Group (Reinforcement) on an
unknown date. The reassignment orders are not available.

14.  Department of the Army, U.S. Army Human Resources Command, St. Louis,
Missouri Orders C-02-402655 dated 4 February 2004 reassigned the applicant
to the 99th Regional Readiness Command in Coraopolis, Pennsylvania with an
effective date of 4 February 2004.  These orders show her ETS as 26 April
2004.

15.  Headquarters, 99th Regional Readiness Command, Coraopolis,
Pennsylvania Orders 04-190-00002 dated 8 July 2004 promoted the applicant
to SFC effective on 15 July 2004 and with a date of rank of 15 July 2004.

16.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion,
and Reduction), paragraph 8-2 states that a noncommissioned officer (NCO)
must be a graduate of the educational course required by the NCO Education
System (NCOES) for his or her current grade.  A Soldier with the rank of
SFC must be a graduate of the ANCOC.

17.  Army Regulation 140-158, paragraph 8-19 states that a Soldier may be
promoted to Sergeant through Master Sergeant on the condition he or she
enrolls in and successfully completed the course required for that grade.
If the grade requires the Soldier be a graduate of ANCOC, the Soldier must
be enrolled in the course within 12 months of the date of promotion and be
a graduate of ANCOC within 24 months of the Phase 1 completion date.

18.  Army Regulation 140-158, paragraph 8-21 states that a conditionally
promoted Soldier will be authorized a delay for enrollment in or completion
of a required NCOES course for a number of reasons, including when the
reason for delay has been approved in writing by a colonel or above in the
Soldier's chain of command based on documented temporary hardship;
pregnancy; unresolvable employment conflict; or personal reasons.

19.  Army Regulation 140-158, paragraph 4-17 states that the purpose of the
U.S. Army Reserve AGR enlisted promotion system is to fill AGR
noncommissioned officer (NCO) requirements with Soldiers who have
demonstrated the ability to function in the next higher level.  A promotion
occurs because there is a need for an NCO that can function in a required
AGR duty position.  By accepting a promotion, the Soldier agrees that
actions will be taken to adjust his or her release from active duty date to
provide for the fulfillment of the incurred AGR obligation.  This
regulation also states that Soldiers who, on the promotion, have
insufficient time remaining on their current term of service agreements
must, in order to be promoted, start the action to extend their current
agreements.  A Soldier's promotion will be revoked if, within 30 days of
the effective date of the promotion, the Soldier fails or refuses to comply
with the ETS adjustment action based on the incurred AGR obligation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to SFC, E-7 with a date of rank and
effective date of 1 September 2002 conditional upon her completion of
ANCOC.  At that time her orders informed her that she had a 2-year active
duty obligation.

2.  The evidence of record shows the applicant voluntarily requested
deferment from ANCOC scheduled to begin on 6 January 2003.  She requested
to attend the next ANCOC.

3.  The applicant was selected to attend the ANCOC Phase 1 Common Core
Class and Phase 2 Advanced Public Affairs Supervisor Class scheduled to
begin on 5 January 2004.

4.  On 2 July 2003, the applicant voluntarily requested separation at the
completion of her AGR tour.  As a result, orders were published on 27
October 2003 which revoked her promotion to SFC.  The lag time between her
request for separation and the date separation orders were published did
not work to her detriment.  Had the orders been published the next day her
promotion would still have been revoked for the same reason.  She provides
no evidence to show she was reduced as a reprisal.

5.  Based on Army Regulation 140-158, paragraph 4-17, the applicant was
unable to retain her promotion.

6.  She was later promoted to SFC with an effective date and date of rank
of
15 July 2004.

7.  The applicant has failed to show through the evidence submitted with
her application or the evidence of record that an error or injustice exists
in her case.  Therefore, there is insufficient basis to adjust her date of
rank to SFC to 1 September 2002 or to pay her the difference between pay
grade E-6 and E-7 for duty performed from 27 October 2003 to 14 July 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JV______  RW______  RR______  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.




                                  James Vick____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011259                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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