RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20070000100
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 L. Engle
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Thomas M. Ray
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, in effect, restoration of his promotion to sergeant, pay grade E5.
2. The applicant states, in effect, that he was reduced to specialist, E4 because he was unable to attend the Primary Leadership Development Course (PLDC) within the required 12 month period from the effective date of his conditional promotion to sergeant.
3. The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), promotion orders, temporary change of station orders, reduction orders, separation orders, and Enlistment Contract-Armed Forces of the United States (DD Form 4) dated 10 October 2006.
CONSIDERATION OF EVIDENCE:
1. On 21 January 2000, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 15P1O (Aviation Operations Specialist).
2. Orders 168-402, 509th Personnel Services Battalion, dated 17 June 2002, conditionally promoted the applicant to the rank of sergeant, pay grade E5, effective 1 July 2002. The additional instructions required him to successfully complete the PLDC within 12 months from the effective date of his promotion. Failure to complete this education requirement would result in his being administratively reduced and he would be required to reappear before another promotion board to regain promotable status.
3. Permanent Orders 045-201, 24th Infantry Division, Fort Riley, Kansas, dated 14 February 2003, placed the applicant on temporary change of station orders, effective 16 February 2003, for deployment from Fort Riley, Kansas, in support of Operation Enduring Freedom. The applicant's DD Form 214 shows in Item
18 (Remarks) that he served in Kuwait/Iraq from 14 February to 31 May 2003.
4. Orders 231-00407, 24th Infantry Division, Fort Riley, Kansas, dated 19 August 2003, reduced the applicant from sergeant, pay grade E5 to specialist, pay grade E4, effective 13 August 2003, with a date of rank 21 January 2000, in accordance with Army Regulation 600-8-19, paragraph 1-27c(3) [failure to complete PLDC].
5. Permanent Orders 042-200, 24th Infantry Division, Fort Riley, Kansas, dated 11 February 2004, placed the applicant on temporary change of station for duty in support of Operation Iraqi Freedom 2. The applicant's DD Form 214 shows in Item 18 (Remarks) that he served in Iraq from 14 February to 12 August 2004.
6. On 9 March 2005, the applicant was released from active duty and transferred to the United States Army Reserve (Reinforcement). He was released in the rank of specialist, E4 and had completed 5 years, 1 month, and 19 days of creditable active duty. The applicant was retained in service 414 days for the convenience of the government.
7. On 10 October 2006, the applicant enlisted in the Maryland Army National Guard for a period of 6 years, in the rank of specialist, pay grade E4.
8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides, in pertinent part, that Soldiers must graduate from PLDC for promotion to sergeant, pay grade E5.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant was selected for and conditionally promoted to sergeant, pay grade E5. However, he failed to complete the required PLDC within 12 months of this promotion. Therefore, he was reduced to his previous rank of specialist, E4.
2. There is no evidence showing that the applicant made an attempt to obtain assignment to this required training, or that he requested a waiver of the
12 month requirement to complete PLDC due to his overseas deployment.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__TMR_ __RMN__ __JTM___ 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.
__ John T. Meixell_______
CHAIRPERSON
INDEX
CASE ID
AR20070000100
SUFFIX
RECON
DATE BOARDED
20070417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
131.0000
2.
3.
4.
5.
6.
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