RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060011707
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
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. William F. Crain
Chairperson
Mr. Edward E. Montgomery
Member
Ms. Rea M. Nuppenau
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 records be correct to show she was promoted to sergeant first class/pay grade E-7.
2. The applicant states, in effect, she recalls being promoted to pay grade
E-7 in January 1998 by promotion orders number 176-019, dated 25 June 1998. She states, in effect, that her 2A (Personnel Qualification Record) has the wrong dates and she needs her promotion orders to show she was reduced at no fault of her own. She further states her unit was unable to find her promotion orders but they were able to reduce her based on the promotion orders.
3. The applicant provides copies of email messages concerning her promotion to E-7 and subsequent reduction, and a copy of Headquarters, 77th United States Army Reserve Command Promotion Order Number 91-59, dated 1 April 1995.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that she entered the United States Army Reserve on 8 December 1976 for three years. She served in numerous assignments as a 91M3O (Hospital Food Service Specialist).
2. Headquarters, U.S. Army Human Resources Command Orders
A-07-619495, dated 26 July 2006, shows that she is currently assigned to the "344th MC Hospital CSH Detachment 2", with duty at Headquarters, 2nd Brigade, 85th Division, Fort McCoy, Wisconsin in support of Operation Enduring Freedom.
3. The email messages between the applicant and her unit indicates that the applicant was conditionally promoted to E7 and was involuntarily reduced due to her failure to fulfill the appropriate Noncommissioned Officer Education System (NCOES) course. One of the emails, dated 3 March 2005, states that the applicant had made some attempts to schedule herself for the Advanced Noncommissioned Officer Course (ANCOC) but her attempts were rejected by Army Training Requirements and Resources System (ATRRS). The conditional promotion to pay grade E-7 was based on her being able to complete the NCOES requirements for the next higher grade.
4. Her records show that she completed Basic Noncommissioned Officer Course (BNCOC) on 23 January 1994 as a sergeant/pay grade E-5. According to her promotion orders number 91-59, dated 1 April 1995 she was promoted to staff sergeant/pay grade E-6 effective 1 April 1995, one year and three months after completion of BNCOC Phase I.
5. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) states that a Soldier may be promoted on the condition he or she enroll in and successfully complete the course required for that pay 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 I completion date. An extra 12 months will be allowed for completion of each phase of ANCOC for courses with more than two phases.
6. Paragraph 7-12d of Army Regulation 140-158 states, in pertinent part, any Soldier who accepts a promotion with the condition that he or she must enroll in, and successfully complete, a specified NCOES course and fails to meet those conditions, is subsequently denied enrollment, becomes an academic failure, does not meet graduation requirements, or is declared a "No Show," that Soldier will be reduced to the grade and rank held prior to the conditional promotion. The effective date of reduction will be the date of the reduction order.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that her records be corrected to show pay grade E-7.
2. There is no evidence in the applicant's records which show a promotion order for pay grade E-7 or a reduction order from pay grade E-7. If in fact the applicant was conditionally promoted to pay grade E-7, she would have had to enroll in ANCOC within 12 months of the date of promotion and be a graduate of ANCOC within 24 months of the Phase I completion date. The contention that the applicant attempted to enroll in ATRRS and was rejected is not sufficient to change her records to show pay grade E-7.
3. However, if the applicant was promoted, it appears that the applicant was erroneously promoted to pay grade E-7 because the applicant did not enroll or complete the ANCOC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____rmn_ ____eem_ ___wfc__ 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.
________William F. Crain__________
CHAIRPERSON
INDEX
CASE ID
AR20060011707
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2007/03/08
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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