IN THE CASE OF:
BOARD DATE: 20 May 2008
DOCKET NUMBER: AR20080005108
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he be paid additional back pay from the Defense Finance and Accounting Service (DFAS) as a result of a previous Army Board for Correction of Military Records (ABCMR) decision. The applicant further requests that he be promoted to the rank of master sergeant/pay grade
E-8.
2. The applicant states, in effect, that he did not receive all of the back pay that he is entitled based on the previous ABCMR decision. The applicant also contends that the "technical incompetence" of his leadership resulted in lost opportunities for promotion and eventually ended his military career.
3. The applicant provides the original documentation from his previous application which was considered by the Board in Docket Number AR20060012177 on 3 October 2006 in support of this application.
CONSIDERATION OF EVIDENCE:
1. Records show that ABCMR Docket Number AR20060012177, dated 3 October 2006, granted the applicant's request for correction to military records. Specifically, the Board recommended that all Department of the Army records of the applicant be corrected by reinstating his promotion to SFC/E-7, effective 1 May 2000 [This date is a typographical error. The Proceedings clearly show throughout that the effective date of promotion should be corrected to show 4 March 2003], providing him any back pay and allowances due as a result of the reinstatement of this promotion; reinstating him on the Advanced Noncommissioned Officer Course (ANCOC) list; and scheduling him for attendance at the next available ANCOC class.
2. The Board further recommended that if the applicant was eligible and elected to request voluntary retirement prior to attending ANCOC, as an exception to policy, his record should be corrected to show his promotion to SFC/E-7 was unconditional, and he be allowed to retire in that rank and pay grade if all other satisfactory service requirements in that rank and pay grade were satisfied.
3. The applicant's contention that DFAS has inaccurately paid the back pay and allowances as directed by the previous ABCMR was carefully reviewed. The amount of pay due as a result of a correction to a military record is verified and authorized by DFAS officials. If the applicant disputes the amount of pay and there is no error in the military records which is the direct cause of the error in pay; then he must appeal directly to DFAS for action regarding this matter. Therefore, the pay issue will not be discussed further in these proceedings.
4. There is no evidence in the available records which shows that the applicant successfully completed ANCOC. The applicant's Enlisted Record Brief does not show that he successfully completed ANCOC.
5. US Army Human Resources Command Orders Number 320-7, dated 16 November 2006, show that the applicant was promoted to sergeant first class/pay grade E-7 effective 4 March 2003 with a date of rank of 1 May 1998.
6. The applicant's records contain a DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members), dated 26 March 2007, which shows that the applicant requested and was given preseparation counseling. This form identifies the applicant as a sergeant first class with an anticipated date of separation of 30 June 2007 for the purpose of retirement. The applicant authenticated this form by placing his signature and date in the appropriate block.
7. The applicant's records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows that he was separated from active duty in the rank of sergeant first class for the purpose of retirement on 30 June 2007. This form further shows the effective date of the applicant's pay grade as 1 May 1998.
8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), prescribes the policy and procedure for enlisted promotions and reductions. Chapter 4 contains guidance on centralized promotions to Sergeant First Class, Master Sergeant, and Sergeant Major. Paragraph 4-2 outlines the eligibility criteria for promotions to these grades, which includes meeting the NCOES military education requirement. It states, in pertinent part, that a sergeant first class must be a graduate of the ANCOC to be considered for promotion to MSG.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be promoted to master sergeant/pay grade E-8 was carefully considered and determined to be without merit.
2. Evidence clearly shows that the applicant was granted a waiver of completion of ANCOC for his promotion to SFC/pay grade E-7 and allowed to retire as a SFC by the ABCMR's previous decision. Records clearly show that the applicant elected retirement prior to successfully competing ANCOC.
3. Absent completion of ANCOC, the applicant is not qualified for consideration for promotion to master sergeant/pay grade E-8. Therefore, based on the foregoing there is no basis to grant the applicant's request for promotion.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ __X_____ 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.
___________x____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005108
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ABCMR Record of Proceedings (cont) AR20080005108
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