RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 April 2007
DOCKET NUMBER: AR20060012356
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. Gerard W. Schwartz
Acting Director
Mr. Michael j. Fowler
Analyst
The following members, a quorum, were present:
Mr. Curtis Greenway
Chairperson
Mr. Michael J. Flynn
Member
Mr. Edward Montgomery
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 he be reinstated to the rank of First Sergeant (1SG)/pay grade E-8.
2. The applicant states, in effect, that he requested a reduction rank to reclassify into military occupational specialty (MOS) 97B (Counter Intelligence Agent). The applicant further stated upon attending school the course manager stated that rank reduction was not a necessary requirement and that the school would accept E-8s into the course.
3. The applicant provides his last five DA Forms 2166-8 (Noncommissioned Officer Evaluation Reports (NCOERs)); five DA Forms 1059 (Service School Academic Evaluation Report (AER)); Headquarters, 84th Division (Institutional Training) Orders 134-25, dated 14 May 1998; a 1st endorsement, Subject: Personnel Action Lateral Appointment, dated 19 September 2000; and a DA Form 4187 (Personnel Action), dated 13 October 2004.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior active duty service. He enlisted in U.S. Army Reserve on 28 August 1986. He was promoted to the pay grade of E-8 on 1 June 1998, in MOS 11B (Infantryman). On 1 August 2000, the applicant was laterally appointed to 1SG.
2. The applicant's NCOER with the period ending June 2004 shows he was assigned to A Company, 1st Battalion, 339th Regiment, 7th Brigade, 84th Division in the pay grade of E-8. His primary MOS was 11B, he served in the duty position of 1SG, and with duty MOS 11B.
3. A DA Form 4187, dated 30 August 2004, shows the applicant requested voluntary reduction to the pay grade of E-7 for the purpose of reclassification to MOS 97B in accordance with Army Regulation 140-158, paragraph 7-12b(3)(b). The promotion authority approved his request on 13 October 2004. The document stated that reclassification was closed to all E-8s not in career management field (CMF) 96 (Military Intelligence).
4. The applicant's NCOER with the period ending February 2006 shows he was assigned to B Company, 378th Military Intelligence Battalion, 88th Regional Readiness Command in the pay grade of E-7. His primary MOS was 11B, he served in the duty position of 1SG, and with duty MOS 97B.
5. On 12 August 2006, the applicant completed the Counterintelligence Agent Phase IV course.
6. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) prescribes the policy and procedures for the classification, advancement, promotion, reduction, and grade restoration of applicable USAR Soldiers. Paragraph 7-12b(3)(b) provides guidance on voluntary reductions for the purpose of assignment. It states that a Soldier may volunteer for reduction to one or more lower pay grades. The reduction requested by the Soldier would be accomplished by the promotion authority without prejudice. Such reductions will normally be limited to Soldiers desiring assignment in a lower grade to an existing vacancy in a Troop Programs Unit (TPU).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be reinstated to the pay grade of E-8 after finding out later that the 97B service school would accept E-8s to attend the course.
2. Evidence of record shows that the applicant was promoted to the pay grade of E-8 on 1 June 1998 in MOS 11B. On 30 August 2004, he requested a voluntary reduction to the pay grade of E-7 for the purpose of reclassification to MOS 97B.
The promotion authority approved his request on 13 October 2004. However, the applicant requested the reduction in grade for the purpose of reclassification (with attendant reassignment to a military intelligence unit), not for the purpose to attend school he as contended. Therefore, there is an insufficient basis on which to change his rank in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__CG ___ __MJF __ ___EM __ 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.
____Curtis Greenway__
CHAIRPERSON
INDEX
CASE ID
AR20060012356
SUFFIX
RECON
DATE BOARDED
12 APRIL 2007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES 1.
131.0500.0000
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