RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060003662


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, in effect, that the orders reducing him to
master sergeant (MSG/E-8) be rescinded and that his previous rank of
sergeant major (SGM/E-9) be reinstated, without loss of time in grade.

2.  The applicant states, in effect, that he was disenrolled from the
Sergeants Major Course (SMC) under the mistaken belief that he could not
complete the course in the Individual Ready Reserve (IRR).  As a result, he
was administratively downgraded (reduced) to E-8.  He is in fact finishing
the SMC in the IRR.

3.  In an additional statement, he states that he was promoted to SGM/E-9
on 24 December 2002 (sic 25 December 2002).  He was transferred from the
National Guard (NG) to the IRR.  Prior to his transfer, he determined that
he could complete the SMC in the IRR and made arrangements to do so.  He
was enrolled, had a slot reserved, and was in continuous communication with
the Sergeants Major Academy (USASMA).  A partial record of his email
conversation is included with his request to show his good faith intentions
to attend the SMC, Phase II, while in the IRR.  He appealed his erroneous
disenrollment, his appeal was accepted, and his reenrollment was
reinstated.

4.  The applicant provides copies of several orders and documents, from his
Official Military Personnel File (OMPF), in support of this request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the IRR, in the rank and pay
grade of MSG/E-8, with prior service in the Army National Guard (ARNG) and
Regular Army.  He was promoted to SGM/E-9 with an effective date and date
of rank (DOR) of 25 December 2002.

2.  The applicant provides a copy of his results from the USASMA non-
resident course which shows that he was enrolled in class Number 30, with a
student Number of 30756, and completed Phase I of the SMC.

3.  On 1 March 2005, the applicant was disenrolled from the USASMA, Class
Number 30, due to retirement.

4.  The applicant's Army National Guard Retirement Points History
Statement, dated 5 July 2005, shows that he had completed 20 years of
qualifying service for retirement purposes.
5.  On 3 August 2005, the Washington ARNG (WAARNG), Army Element, Joint
Force Headquarters, notified the applicant that he had completed the
required years of service to be eligible for retired pay, on application,
at age 60 (20-Year Letter).

6.  On 1 September 2005, Orders 244-009 were published by Headquarters
Military Department, State of Washington, Office of the Adjutant General,
discharging the applicant from the WAARNG and assigning him to the USAR
Control Group (Reinforcement), in the rank of SGM, effective 13 March 2005.


7.  On 11 October 2005, the applicant was discharged from the USAR Control
Group Reinforcement.

8.  On 5 November 2005, Orders 309-089 were published reducing the
applicant from SGM/E-9 to MSG/E-8, effective 27 August 2005, under the
provisions of  Army Regulation 600-8-19, paragraph 7-63e and under Verbal
Orders of The Adjutant General (AG).

9.  On 5 November 2005, Orders 309-094 were published by Headquarters
Military Department, State of Washington, Office of The Adjutant General,
discharging the applicant from the WAARNG in the rank of MSG, effective
13 March 2005.

10.  On 18 November 2005, the 9th Command Sergeant Major of the Army
Reserve, Office of the Chief, Army Reserve (OCAR), prepared a memorandum
for the Commandant, USASMA, Fort Bliss, Texas, Subject:  Request for
Deferment of [the applicant].  The CSM stated that the applicant's request
for deferment from the SMC, Phase II, of the nonresident course was
approved.  The applicant could not attend the scheduled classes in June
2004 due to a family emergency.  He encountered problems trying to
transfer from the ARNG to the IRR and was not able to attend the scheduled
class in 05.  This was the third and last deferment that would be granted;
therefore, the applicant must be counseled, in writing, that non
attendance in the next class scheduled for June 2006 would result in
reduction to the previous grade and disqualification from future
promotions and attendance in the USASMA.






11.  The applicant provides a copy of his DA Form 1059 (Service School
Academic Evaluation Report), dated 7 July 2006, which shows that he
completed
the USASMA, Class Number 1-06, on 30 June 2006, that spanned the period
from 1 April 2003 through 30 June 2006.  A comment in item 16, which
corresponds with item 13 (Performance Summary), states the applicant
exceeded course standards and completed all requirements in a superior
manner to include achieving an overall examination score of 97.50%.  The
comment also states that he took and passed the APFT (Army Physical Fitness
Test) on 7 July 2006, which was the last graduation requirement to
complete.

12.  The applicant provides a copy of an e-mail record that extended from
8 June to 26 June 2005.  He inquired through personnel from WAARNG to the
Army Human Resources Command (AHRC)-St. Louis, regarding his transfer to
the IRR.  The Operations NCO stated the applicant had stated that he was
unable to locate anyone from the IRR who could locate him on their rolls.
He stated that he was in limbo, past his discharge date with no discharge,
no retirement, and no record that he belonged to anyone.  However, the
WAARNG had discharge orders transferring him to the IRR.  His additional
concern was that he was hoping to complete the resident SMC in June 2005.
He was informed that he could complete the course while serving in the IRR.


13.  Through e-mail, on 8 June 2005, the Operations NCO, WAARNG, informed
the Operations NCO, Western Region, AHRC-St. Louis, that they would like to
find out who the applicant needed to contact regarding his transfer to the
IRR.
The applicant was transferred from their state on Orders Number 342-037,
dated 7 December 2004, effective 1 October 2004.  On 23 April 2005, the
Operations NCO, WAARNG, received an email from him stating that he was
unable to find anybody at IRR who could find him on their rolls.  The
applicant stated that he was in limbo, past discharge date, with no
discharge, no retirement, and no record that he belonged to anybody.  Yet,
their State had discharge orders transferring him to the IRR.  The
applicant had one other concern and was hoping to finish the resident
USASMA this month.  The Operations NCO, WAARNG, was told that he could
finish the USASMA while he was in the IRR.  At this point, the applicant
was very frustrated, and attempted to get in contact with someone in St.
Louis to no avail.






14.  Through e-mail, on 15 June 2006, the Operation NCO, AHRC-St. Louis,
informed the Operations NCO, WAARNG, that the applicant was still in the
ARNG.  For some reason, the transaction had not come in from the ARNG yet
to transfer him to the IRR.  He suggested pursing it through their
automation folks at TAG and possibly the NGB (National Guard Bureau).

15.  Through an e-mail, on 26 June 2005, the applicant responded to the
Operations NCO, WAARNG.  He requested that the orders transferring him to
the IRR be revoked, produce his 20-Year Letter, and transfer him to the
IRR after his 12 March 2005, ETS.  He requested that he be extended for 3
years and 4 months to enable him to complete the USASMA requirements and
retire in pay grade, E-9.  He requested a deferment to the next year and
hoped for the best.  He had already informed the State of his situation
and appealed their decision to disenroll him.

16.  A continuation of the e-mail, on the same date, shows the Operations
NCO, WAARNG, advised the applicant that a request for deferment was being
submitted through the TPU to the State CSM.

17.  Army Regulation 600-8-19 governs enlisted promotions and reductions
in the military personnel system.  Paragraph 1-27 pertains to the
Noncommissioned Officers Education System (NCOES) requirement for
promotion and conditional promotion.  It states that a Soldier must be a
USASMC (United States Army Sergeant Major Course) graduate for promotion
to SGM.  Soldiers selected for promotion to SGM who are nongraduates of
the SMC will be conditionally promoted.  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 and/or removed from the promotion list.  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.

18.  Paragraph 7-63, of the same regulation, pertains to other reasons for
reduction.  Subparagraph 7-63e states Soldiers conditionally promoted to
SGM or MSG with concurrent appointment to CSM or 1SG who fail to
successfully complete USASMA, respectively, due to their failure to meet
standards, or through misconduct or voluntary withdrawal, will be reduced
without board action or appeal.  Soldiers will be automatically reduced on
the effective date the Soldier fails the course, withdraws from the course,
or on expiration of the time set for completion at promotion.


19.  Army Regulation 350-1 provides the policy for individual military
education and training.  Paragraph 3-18 pertains to student dismissal.  It
states that under certain conditions, students may be dismissed from a
course before course completion.  To protect students from unfair, illegal,
or prejudicial practices,
school commandants and commanders will publish policies and establish
procedures to determine if students should be dismissed from training.
Students may be considered for dismissal from the SMC for compassionate
reasons.  Disenrollment for compassionate transfer or other reasons beyond
control, of the individual, will be made without prejudice.

20.  Army Regulation 140-158 prescribes policy and procedures pertaining to
the classification, promotion, reduction, and grade restoration of enlisted
soldiers of the US Army Reserve (USAR).   Paragraph 8-18 pertains to
conditional promotion to SGM.  It states, in pertinent part, that unless
extended by the Commander, AHRC-St. Louis, the conditionally promoted SGM
must be enrolled in and successfully complete the SMC within 36 months of
the date of promotion
if enrolled in the corresponding studies course.  When circumstances beyond
the control of a conditionally promoted SGM delay enrollment and completion
of the course (that is, funding, seating, contingency operations, and so
forth); Commander, AHRC-St. Louis, may extend the required period for
enrollment and completion.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was conditionally promoted
to SGM/E-9 while serving in the WAARNG.  He was enrolled in Phase I of the
non resident SMC, in the rank of SGM.  He completed Phase I by 28 February
2005.  He was disenrolled from the course on 1 March 2005, due to
retirement.

2.  The applicant was discharged from the WAARNG, in the rank of SGM,
effective 13 March 2005.  He was assigned to the IRR and reverted to the
USAR Control Group to complete his service remaining obligation to 30 July
2008.
He was discharged from the USAR Control Group effective 11 October 2005.

3.  The applicant was administratively reduced from SGM/E-9 to MSG/E-8
effective 27 August 2005.  Orders were republished on 5 November 2005
discharging the applicant from the WAARNG and assigning him to the IRR with
an effective date of 13 March 2005.



4.  The evidence shows the applicant had been given two deferments for
attendance of Phase II of the USASMA.  One deferment was given in January
2004 for a family emergency and in 2005 he was not able to attend the
scheduled class due to his transfer from the ARNG to the IRR.

5.  The applicant submitted a third request for deferment and his request
was approved.  He was informed that non attendance in the class scheduled
for June 2006 would result in reduction to his previous grade.

6.  The applicant appealed his erroneous disenrollment, was reinstated, and
completed the SMC on 7 July 2006.  He exceeded course standards and
completed all requirements.

7.  Considering all of the facts and circumstances of this case, it would
now be appropriate, as a matter of fairness and equity, to revoke the
applicant's orders that discharged him from the USAR Control Group
(Reinforcement), that administratively reduced him from SGM/E-9 to MSG/E-8,
and revoke the orders which discharged him from the WAARNG, with assignment
to the USAR Control Group (Reinforcement), in the rank of MSG.

BOARD VOTE:

__AM___  ___DLL _  __WFC__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION













BOARD DETERMINATION/RECOMMENDATION:

1.  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 revoking Orders D-10-533336, dated 11 October 2005, in effect
reinstating the applicant in the USAR Control Group (Reinforcement);

2.  That insofar as records of the Washington Army National Guard are
concerned, the Army Board for the Correction of Military Records recommends
that the Adjutant General of the State of Washington correct all records
related to this case by:

      a.  by revoking Orders Number 309-089, dated 5 November 2005; in
effect reinstating the applicant to his rank; and pay grade, SGM (E-9); and


      b.  by revoking Orders Number 309-094, dated 5 November 2005.  The
applicant was honorably discharged from the WAARNG by orders published on
1 September 2005.




                                  _____William F. Crain____________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003662                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . AD-ARNG. .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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