IN THE CASE OF:	

		BOARD DATE:	  3 March 2009

		DOCKET NUMBER:  AR20080014338 


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, his grade of rank of sergeant major (SGM)/pay grade E-9 be restored and that his retired pay records be corrected to show he was placed on the retired list as an SGM (the highest rank he held while on active duty) instead of master sergeant (MSG)/pay grade E-8.

2.  The applicant states, in effect, that he held the rank of SGM for almost four years prior to his retirement but his retired rank is listed as MSG.  The applicant states that he discovered this error when he received his retirement orders in the mail on 1 December 2005.

3.  The applicant provides copies of two DFAS Forms 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement), promotion orders, reassignment orders, AHRC (Army Human Resources Command) Form 248-2-E (Chronological Statement of Retirement Points), and retirement orders as documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he served as a member of both the Army National Guard (ARNG) and the United States Army Reserve (USAR) for various periods of time from 8 June 1963 until he retired from the USAR on 31 August 2005.  During his career, the applicant served in several military occupational 
specialties (MOS) in the personnel, transportation, ordnance, and logistics career management fields.  The applicant also held every enlisted rank from private (PVT)/pay grade E-1 through SGM.
2.  On 31 August 1984, the Departments of the Army and the Air Force National Guard Bureau issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  This letter notified the applicant that he had completed the required years of service and would be eligible for retired pay upon application at age 60.

3.  United States Total Army Personnel Command, St. Louis, Missouri, Orders 324-013, dated 20 November 2001, promoted the applicant from the rank of MSG to the rank of SGM, with an effective date and date of rank of 1 December 2001.  The additional instructions portion of these orders informed the applicant that "Soldiers accepting a conditional promotion and are subsequently denied enrollment, declared a "No Show," become academic failures or otherwise does not meet graduation requirement, will be reduced to the grade and rank held prior to the conditional promotion."  The authority for the applicant's promotion was cited as Chapter 8 (Promotions and the Noncommissioned Officer (NCO) Education System (NCOES)) of Army Regulation 140-158 (Army Reserve - Enlisted Personnel Classification, Promotion, and Reduction), change 4.

4.  The applicant provides two DFAS Forms 702 for the pay periods ending 22 October 2004 and 10 November 2004 that show his pay grade as E-9.

5.  United States Army Human Resources Command, St. Louis, Orders
C-013-505823, dated 30 March 2005, show that the applicant was released from the USAR Control Group (Individual Mobilization Augmentees) and assigned to the Retired Reserve effective 31 August 2005.  The standard name line of these orders shows the applicant's grade of rank as "SGM."

6.  The applicant provides an AHRC Form 248-2-E, dated 22 September 2005.  This form was issued as the applicant's final statement of retirement points he had accrued during the period from 8 June 1963 through 31 August 2005.  This form also shows the applicant's rank at the end of the period covered was "SGM."

7.  United States Army Human Resources Command, St. Louis, Orders
P11-591292, dated 15 November 2005, show that the applicant was retired and placed on the Army of the United States Retired List, effective 1 September 2005 in the retired grade of MSG/E-8.  Additionally, the standard name line on the orders show the applicant's rank as "MSG."

8.  A review of the applicant's Official Military Personnel File (OMPF) revealed that he did not successfully complete the United States Army Sergeants Major Course.

9.  Chapter 8 of Army Regulation 140-158, in effect at the time of the applicant's promotion, prescribed that successful completion of an NCOES course, either as a resident or corresponding studies course, was required of all USAR NCOs commensurate with the grade of rank to which they were promoted.  The regulation also provided that ideally, the NCOES course required by a grade should be completed before a Soldier is promoted to that grade.  The selection and enrollment procedures prescribed in this chapter were designed to achieve that goal, but to sustain readiness of the force, promotions conditioned on successful completion of an NCOES course were authorized.  This regulation, in pertinent part, prescribed that a Soldier with the rank of SGM must be a graduate of the United States Army Sergeants Major Course.

10.  Chapter 8 of Army Regulation 140-158, in effect at the time of the applicant's promotion, also prescribed that a MSG who had no record of Sergeants Major Course completion and was subsequently selected for promotion to SGM would conditionally be promoted to SGM and automatically selected by Headquarters, Department of the Army for enrollment in the Sergeants Major Course.  The promotion would be awarded on the condition the Soldier enrolled in and successfully completed the Sergeants Major Course or the Soldier would be reduced to the rank and grade previously held.  The regulation also stipulated that should a conditionally promoted SGM be denied enrollment, be declared a "No Show," or fail to successfully complete the Sergeants Major Course in the allotted time, the Soldier would be reduced to the grade and rank held prior to the conditional promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his rank of SGM should be restored and that his retired pay records should be corrected to show he was placed on the retired list as a SGM were carefully considered and determined to lack merit.

2.  Evidence of record confirms the applicant held the rank of SGM prior to his retirement.  However, evidence also shows the applicant was promoted to SGM based upon the condition that he would enroll in and successfully complete the Sergeants Major Course.  Army Regulation 140-158, in effect at the time of the applicant's promotion, clearly stipulated that should a conditionally promoted SGM fail to successfully complete the Sergeants Major Course, the Soldier would be reduced to the grade and rank held prior to the conditional promotion.  

3.  The applicant's record is void of any evidence and he has failed to provide any evidence that he successfully completed the United States Army Sergeants Major Course.  As such, his administrative reduction to MSG, the rank he held prior to his conditional promotion to SGM, was appropriate.  Therefore, there is no basis upon which to grant the requested relief.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20080014338



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014338



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1