RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20050016483


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 retroactive promotion to the grade of sergeant
first class/pay grade E-7.

2.  The applicant states, in effect, that she attended and completed the
required Reserve Components (RC) Non-Commissioned Officer Education System
(NCOES) in April 1986 which made her eligible for promotion.  She continues
that if her superiors had known about the regulation changes she would have
been promoted.

3.  The applicant provides a Headquarters, New York Army National Guard
(NYARNG) Memorandum for Record, dated 7 October 2005; Headquarters, NYARNG
memorandum, dated 20 June 2005; two memorandums requesting consideration
for promotion to sergeant first class, dated 14 April 2005 and 15 April
2005; a Headquarters, NYARNG memorandum, dated 6 May 1994; a DA Form 1059
(Service School Academic Evaluation Report), dated 6 April 1986; nine
letters of recommendation; six DA Forms 2166-6 (Enlisted Evaluation Report)
and nine DA Forms 2166-7 (NCO Evaluation Report) in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the NYARNG on 29 January 1982 for a period of
1 year in the rank of specialist 5/pay grade E-5.  She continued to serve
until she was honorably separated on 30 November 2005 and transferred to
the United States Army Reserve Control Group (Retired).

2.  The applicant's records show that she was promoted to the grade of
staff sergeant/pay grade E-6, effective 6 July 1983.

3.  The applicant submitted a DA Form 1059, dated 6 April 1986, which shows
the she achieved course standards and completed the Advance Non-
Commissioned Officer Course (ANCOC).

4.  In connection with the processing of this case, an advisory opinion was
obtained from the Departments of the Army and the Air Force National Guard
Bureau, Arlington, Virginia, Chief, Personnel Division, dated 11 July 2006
which states that the applicant retained her eligibility for promotion to
sergeant first class without needing to retake the course.

5.  The Chief, Personnel Division states that the applicant received
incorrect guidance from the NYARNG regarding her eligibility for promotion
to the grade of sergeant first class, so the length of time it took her to
discover the error is not her fault.  The Chief, Personnel Division further
states that not long after she completed the ANCOC course, a change in
policy indicates that the course no longer met the promotion criteria.

6.  The Chief, Personnel Division indicated that in January 2005, the
applicant was informed that the promotion policy had reverted back to the
original criteria; however, due to senior leadership oversight at that
time, she was not considered for promotion.  The Chief, Personnel Division
states that the applicant's NCOERs shows that her raters mistakenly thought
further military schooling was required for promotion.

7.  The Chief, Personnel Division continues that a memorandum from the
Logistics Management Officer of the Quartermaster, NYARNG states that it
was evident that the applicant's supervisors were unaware of the policy
change making her eligible for promotion to sergeant first class on 1
December 1993.

8.  The Chief, Personnel Division recommends that based on the above, the
applicant's request should be granted to promote her to the grade of
sergeant first class effective 1 December 1993.

9.  The applicant was provided a copy of the advisory opinion for review
and comment.  On 12 July 2006, the applicant concurred with the advisory
opinion.

10.  Headquarters, NYARNG, [Latham, New York] memorandum, dated 6 May 1994,
provided the statutory provisions regarding technician training (NCOES).
This memorandum changed the National Defense Authorization Act for the
fiscal year 1994 with the following:

      "a.  Under Section 523 of the National Defense Authorization Act for
fiscal year 1994, Public Law 103-160, the training requirements for
technicians are the same as for M-Day Soldiers.  This change is effective 1
December 1993.

      b.  A technician who has been granted credit for NCOES courses under
the previous statutory provision before 1 December 1993, shall continue to
retain such credit until the technicians' next promotion."




DISCUSSION AND CONCLUSIONS:

1.  The applicant requests retroactive promotion to the grade of sergeant
first class/pay grade E-7.

2.  Evidence shows the applicant completed ANCOC in April 1986, shortly
before the change of policy regarding promotion for technicians.  It is
noted that the change in policy prevented her from being promoted.
Evidence further shows that senior leadership was unaware when the policy
reverted back to the original criteria effective 1 December 1993.

3.  In the advisory opinion, the National Guard Bureau reviewed and
recommended approval of the applicant's request based on the fact that her
senior leadership was unaware of the change in policy regarding promotions
for technicians that became effective 1 December 1993.

4.  In accordance with the advisory opinion, it would equitable to correct
the applicant's records to show she was promoted to the grade of sergeant
first class effective 1 December 1993.

BOARD VOTE:

_WDP___  _JCR___  __KSJ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  showing she was promoted to the grade of sergeant first class/pay
grade E-7 effective 1 December 1993; and






      b.  when she was transferred to the USAR Control Group (Retired)
effective 30 November 2005, to show her grade as sergeant first class/pay
grade E-7.




                                     __William D. Powers___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016483                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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