RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070006808 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 removal of reduction orders from her records. 

2.  The applicant states that the reduction was due to lack of finishing the Basic Noncommissioned Officer Course (BNCOC).  She further adds that when she went through her final out-processing appointment in September 2001, she was still a staff sergeant (SSG) but her records contained a reduction order.  She concludes that after completing BNCOC in August 2001, she appealed through the Defense Finance and Accounting Service (DFAS) and since then she has been reimbursed all the monies due to her as a result of the reduction orders. 

3.  The applicant provided a copy of her DA Form 1059 (Academic Evaluation Report) in support of her application. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that she enlisted in the Regular Army on 4 November 1985 for a period of 4 years in pay grade E-2; reenlisted 29 June 1989 for a period of 2 years in pay grade E-4; reenlisted on 28 March 1991 for a period of 3 years.

3.  The applicant's records further show that she was promoted to the rank of sergeant (SGT)/E-5 on 1 July 1992 and that she was honorably released on 28 March 1994. 




4.  After a break in service, the applicant reenlisted on 15 March 1997 for a Troop Program Unit (TPU) of the U.S. Army Reserve (USAR) for a period of 3 years.  She extended her reenlistment on 23 March 1998 for a period of 1 year, 2 months, and 2 days.  As a result of that extension, her new expiration of term of service (ETS) was 16 May 2001. 

5.  There are no orders in the applicant's records to show that she was promoted to staff sergeant (SSG)/pay grade E-6.  However, her records show that she was selected to the grade of SSG/E-6 by the 1999 Army Guard Reserve (AGR) Selection Board and her evaluation reports as a SSG list her date of rank as 1 December 1999. 

6.  On 30 March 2000, the U.S. Total Army Personnel Command, St. Louis, Missouri, published Orders Number 090-1 reducing the applicant from SSG/E-6 to SGT/E-5 effective 30 March 2000 and with a date of rank of 1 July 1992 under the authority of Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction).  

7.  The applicant's DA Form 1059, dated 15 August 2000, shows that she attended BNCOC for military occupational specialty (MOS) 75H (Personnel Specialist) at Fort Jackson, South Carolina, during the period 5 June 2000 through 15 August 2000.

8.  On 24 October 2001, the U.S. Army Reserve Command, St Louis, Missouri, published Orders Number D-10-14911, honorably discharging the applicant from the USAR effective 24 October 2001 under the authority of Army Regulation 135-178 (Enlisted Administrative Separations).  The Orders listed the applicant's rank as SSG/E-6.

9.  On an unknown date in 1999, U.S Total Army Personnel Command, St. Louis, Missouri published Orders conditionally promoting the applicant from SGT to SSG, with a date of rank and effective date of 1 December 1999.  The additional instructions of the Orders essentially stated that the applicant had 30 days from the effective date of this order to decline the promotion, and that acceptance of this promotion would subject her to worldwide assignment to a position commensurate with his grade and MOS.  It also stated, in effect, that Soldiers accepting a conditional promotion who are subsequently denied enrollment, declared a “No-Show”, become academic failures or otherwise do not meet graduation requirements, will have their promotion revoked, and will be administratively removed from the centralized promotion list.  

10.  Army Regulation 140-158 (Army Reserve – Enlisted Personnel Classification, Promotion, and Reduction), in effect at the time of the applicant’s conditional promotion to SSG, stated that a Soldier may be promoted on the condition he or she enroll in and successfully complete the course required for that grade.  It also stated, in pertinent part, that if the conditionally promoted grade requires the Soldier to be a graduate of BNCOC, the Soldier must be enrolled in the course within 12 months of the date of promotion, and be a graduate of BNCOC within 24 months of the Phase I completion date.  An extra 12 months will be allowed for completion of each phase of BNCOC for courses with more than 2 phases.  Paragraph 8-21 of this same regulation provided for authorized delays from Noncommissioned Officer Education System (NCOES) course graduation, and stated that a conditionally promoted Soldier will be authorized a delay for enrollment in or completion of a required NCOES course when the Soldier:

	a.  is called to active duty by the President under a Selected Reserve 
call-up (10 USC 12304);

	b.  is ordered to active duty under a partial mobilization (10 USC 12302) or full mobilization (10 USC 12301a); 

	c.  enters a tour of active duty for training (ADT) or active duty for special work (ADSW), including a temporary tour of active duty (TTAD), when the dates and terms of the tour prevent enrollment or course completion;

d.  is verified as being ill or injured to a degree that prevents enrollment or course completion;

e.  has been approved for a delay in writing by a colonel or above in the Soldier’s chain of command based on documented-

	(1)  temporary hardship;

	(2)  pregnancy;  

	(3)  irresolvable employment conflict; or

	(4)  personal reasons.

When the reason for the delay ends, the Soldier must be rescheduled for enrollment/completion within the period of time specified above.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to removal of the reduction orders from her records.  She states that DFAS has reimbursed all monies due, accordingly no further action will be taken regarding retroactive payment.

2.  There is no evidence in the applicant's records that she was denied enrollment at BNCOC, declared a “No-Show”, because of academic failures or otherwise did not meet graduation requirements to have her promotion revoked.  The applicant was required, by regulation, to be enrolled in BNCOC not later than 1 year following her conditional promotion to SSG on 1 December 1999. 
Evidence of record shows that the applicant completed BNCOC on 15 August 2000, less than year from the date she was promoted to SSG.

3.  In view of the above, the applicants request should be granted.

BOARD VOTE:

__js____  __jtm___  __dwt___  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.  revoking Orders Number 090-1, dated 30 March 2000, and.

	b.  placing the reduction Orders and Revocation orders on the Restricted Fiche of the Official Military Personnel File (OMPF).



							John Slone
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070006808
SUFFIX

RECON

DATE BOARDED
20071018
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
134.0200
2.

3.

4.

5.

6.