IN THE CASE OF:	  

		BOARD DATE:	       30 October 2008

		DOCKET NUMBER:  AR20080014443 


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 reinstatement to the grade/rank of staff sergeant (SSG)/E-6 and restoration of pay and allowances from the date she was reduced, and consideration for promotion to sergeant first class (SFC)/E-7.

2.  The applicant states that she was promoted to sergeant (SGT)/E-5 on 25 November 1992 and that in 1999 she was granted an exception to policy by the Commander, 88th Regional Support Command (RSC), Fort Snelling, Minnesota (MN), not to attend the Primary Leadership Development Course (PLDC).  She also adds that after her exception to policy was granted, she was enrolled in and graduated from Phase I of the Basic Noncommissioned Officer Course (BNCOC).  She subsequently changed her military occupational specialty (MOS) and was enrolled in Phase II of BNCOC in the new MOS and that, three days from graduation, she was disenrolled from Phase II of BNCOC because she had not completed PLDC.  She concludes that a request was ultimately initiated and sent to her command to reduce her from SSG/E-6 to SGT/E-5.

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  Headquarters, 457th Transportation Battalion, Fort Snelling, Minnesota, Orders 222-01, dated 10 August 1998, Promotion to SSG/E-6. 

	b.  Headquarters, U.S. Army Special Operations Command, Fort Bragg, North Carolina, Orders 060-01, dated 1 March 2005, Reduction to SGT/E-5.

	c.  DA Form 1059 (Service School Academic Evaluation Report), dated 19 February 1999, Phase I BNCOC, MOS 54B (Chemical Specialist).

	d.  DA Form 1059, dated 9 September 2004, Phase I BNCOC, MOS 92Y (Supply Specialist).

	e.  Endorsement, dated 27 January 199, approved request for waiver from PLDC requirements. 

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 she enlisted in the Regular Army for a period of 3 years on 7 August 1984.  She completed basic combat and advanced individual training and was awarded MOS 76Y (Supply Specialist).  She was honorably separated and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 6 June 1987.  The highest rank/grade she attained during this period of military service was specialist four (SP4)/E-4.

3.  On 8 April 1990, the applicant’s records show that she reenlisted in the USAR for a period of 6 years.  She was assigned to the 825th Supply Company, Willmar, MN.  

4. On 25 November 1992, the applicant was promoted to SGT/E-5 in accordance with paragraph 3-24 of Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), and MOS 76V (Materiel Storage and Handling Specialist) was awarded as her primary MOS.

5.  On 16 July 1993, the applicant executed a local reassignment within the 88th Regional Service Command (RSC) and was transferred from the 825th Supply Company, Fort Snelling, MN, to the 323rd Chemical Company, Willmar, MN. 

6.  On 13 August 1993, the applicant completed Chemical Operations Specialist training and was awarded primary MOS 54B (Nuclear, Biological and Chemical Specialist) and secondary MOS 92Y (Supply Specialist) on 22 April 1994.

7.  On 4 June 1994, the applicant was enrolled in the USAR Noncommissioned Officer's Academy at Fort Chaffee, Arkansas, to attend PLDC, as required by regulatory guidance to complete PLDC within 24 months of a Soldier's promotion to SGT.  However, she failed to achieve course standards and was disenrolled from the course on 18 June 1994. 

8.  There is no indication in the applicant's records that she was reduced to SP4/E-4 and/or rescheduled to a future class as a result of her PLDC failure.

9.  On 14 December 1995, the applicant was released from her Troop Program Unit (TPU), the 323rd Chemical Company, Willmar, MN, and was reassigned to the USAR Control Group (Reinforcement) for personal reasons.  She was subsequently honorably discharged from the USAR on 9 April 1996.

10.  On 19 September, the applicant enlisted in the Minnesota Army National Guard (MNARNG) in the rank/grade of SGT/E-5 for a period of 3 years.  She was assigned to Company B, 434th Main Support Battalion, St. Cloud, MN. 

11.  On 16 November 1997, she was honorably discharged from the MNARNG and subsequently enlisted in the USAR for a period of 3 years in the rank/grade of SGT/E-5 on 17 November 1997.  She was assigned to the 367th Engineer Battalion, St. Cloud, MN.  She was also reassigned within the 88th RSC to the 353rd Medium Truck, Company, 457th Transportation Battalion, Buffalo, MN, effective 30 June 1998, in MOS 54B. 

12.  On 10 August 1998, Headquarters, 457th Transportation Battalion, Fort Snelling, MN, published Orders 222-01, announcing the applicant’s promotion to SSG/E-6 in MOS 54B, effective 30 June 1998.  The orders further listed the following additional instructions:

“Promotion is concurrent with assignment to the 353rd Transportation Company, Buffalo, Minnesota, Position 0025, Paragraph 101, Line 05, Title: Nuclear, Biological, and Chemical (NBC) NCO.  Acceptance of this promotion obligates you to serve in a duty position within the unit selected for a period of 12 months.  Exceptions to this obligation are outlined in paragraph 2-24(1) of Army Regulation (AR) 140-158.  This promotion is awarded with the condition the Soldier must be enrolled in, and successfully complete, the Noncommissioned Officers Education System (NCOES) course required for the grade to which promoted.  The Soldier understands and agrees that if she fails to meet these conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a No-Show, the Soldier is subject to reduction under paragraph 7-12d of AR 140-158, to the grade and rank held prior to this promotion.  The Soldier further understands that if reduced service performed in the higher grade will not be considered for retirement, date of rank or any other determinations dependent on the higher grade.” 

13.  On 27 January 1999, the Commander, 88th RSC, Fort Snelling, MN, approved the applicant's request for a waiver of PLDC requirement, in accordance with the Training and Doctrine Command (TRADOC), Regulation 350-10 (Institutional Leader Training and Education).  

14.  On 19 February 1999, the applicant successfully completed Phase I of MOS 54B BNCOC at Fort McCoy, Wisconsin.

15.  There is no indication or evidence in the applicant's records that she was enrolled in or completed Phase II of MOS 54B BNCOC as stipulated in her promotion orders.

16.  On 14 July 1999, the applicant enlisted in the MNARNG, in the rank/grade of SSG/E-6, for a period of 1 year, 4 months, and 11 days.  She was assigned to the 434th Main Support Battalion, Little Falls, MN, in MOS 54B.

17.  On 29 November 2001, the applicant was honorably discharged from the MNARNG with subsequent transfer and reenlistment in the USAR for a period of 3 years on 30 November 2001.  She was assigned to the 367th Engineer Battalion, St. Cloud, MN. 

18.  On or about 14 July 2003, the applicant entered the USAR Active Guard Reserve (AGR) Program in MOS 92Y and was assigned to Company A, 13th Psychological Operations Battalion (a USAR TPU subordinate unit to the Army Special Operations Command, Fort Bragg, North Carolina (NC)), Arden Hills, MN.

19.  On 9 September 2004 the applicant successfully completed Phase I, MOS 92Y BNCOC, at Fort Lee, Virginia (VA), and on 10 September 2004 she was enrolled in Phase II, MOS 92Y BNCOC, also at Fort Lee, VA.  However, her DA Form 1059, dated 7 October 2004, shows that she was administratively relieved from Phase II of 92Y BNCOC on 7 October 2004 due to not meeting course prerequisites (completion of PLDC).
20.  On 1 March 2005, Headquarters, U.S. Army Special Operations Command, Fort Bragg, North Carolina, published Orders 060-01, reducing the applicant from SSG/E-6 to SGT/E-5, effective 1 March 2005, in accordance with paragraph      7-12d of Army Regulation 140-158.

21.  The applicant's records show that she was scheduled to attend PLDC at Fort Campbell, Kentucky (KY), from 15 March 2005 to 15 April 2005; however, there is no indication that she attended and/or completed this course.  Accordingly her Temporary Duty (TDY) orders were revoked on 12 April 2005.

22.  On 1 August 2005, the applicant was released from active duty for the purpose of immediate reenlistment in the USAR.  She subsequently enlisted in the USAR for a period of 3 years and reentered active duty in an AGR status and remained assigned to Company A, 13th Psychological Operations Battalion, Arden Hills, Minnesota.  

23.  On 12 December 2005, the applicant was released from her assignment to Company A, 13th Psychological Operations Battalion, Arden Hills, MN, and was reassigned as an AGR Soldier to the U.S. Army Recruiting Battalion, Minneapolis, MN, as a recruiter. 

24.  On 19 October 2006, Army Human Resources Command (HRC), St. Louis, Missouri, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).  This letter notified the applicant that she had completed the required years of service and would be eligible for retired pay upon application at age 60.

25.  On 2 February 2007, the applicant was issued new TDY orders to attend the warrior Leader Course (which replaced PLDC) at Fort Campbell, KY, during the period 7 March 2007 through 23 March 2007.  However, there is no indication that the applicant attended and/or completed this course.  Accordingly her TDY orders were revoked on 29 March 2007.

26.  On 29 August 2007, the applicant enlisted in the USAR in the rank/grade of SGT/E-5 for a period of 6 years.  She is currently assigned to the Minneapolis Army Recruiting battalion as a USAR recruiter, and is scheduled to be reassigned to the 339th Tactical Psychological Operations Company, Arden Hills, MN, effective 29 December 2008.



27.  AR 140-158 prescribes policy and procedures governing the classification, advancement, promotion, reduction, and grade restoration applicable to USAR Soldiers.  

	a.  Chapter 7 of this regulation outlines policy and procedures governing grade reduction and restoration of USAR Soldiers.  It states, in pertinent part, that a Soldier who accepts a promotion with the condition that he or she must enroll in and successfully complete a specified NCOES course and fails to meet those conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a "No-Show," will be reduced to the grade and rank held prior to the conditional promotion.

	b.  Chapter 8 of this regulation governs promotions and the Noncommissioned Officer Education System.  It states, in pertinent part, that NCOES courses are progressive and parallel the Army NCO rank structure.  Therefore, an NCO must be a graduate of the educational course required by the NCOES for their current grade:  

		(1)  A Soldier with the rank of SSG/E-6 must be a graduate of:

			(a)  The BNCOC-Active Component (AC).  This includes the resident or non-resident course, or completion of an MOS specific Army Correspondence Course Program (ACCP) for the Advanced NCO Course (ANCOC)-AC; or

			(b)  The BNCOC-Reserve Component (RC); or

			(c)  The Special Forces Qualification Course; or

			(d)  The ANCOC-AC or ANCOC-RC; or

			(e)  One of the following courses, if completed prior to 1 October 1987: Basic Technical Course-AC (resident or nonresident); MOS specific ACCP; Basic Technical Course-RC; Primary Technical Course in selected MOS (12C, 26Q, 31C, 31M, 36C, 54E, 57H, 71M, 72E, and 72G); MOS specific ACCP in the preceding MOS; or Primary Technical Course-RC in selected MOS (12C, 26Q, 31C, 31M, 36C, 54E, 57H, 71M, or 72G).







		(2)  A Soldier with the rank of SGT/E-5 must be a graduate of:

			(a)  The Warrior Leader Course-Active Army  (WLC-AC) (formerly known as PLDC); or

			(b)  The warrior Leader Course-Reserve Component (WLC-RC); or

			(c)  One of the courses listed under SSG/E-6 above including those completed prior to 1 October 1987; or

			(d)  An AC NCO Academy before 1 October 1987; or

			(e)  If completed before 1 October 1987, either the Primary Leadership Course (PLC)-AC and/or PLC-RC; or the Primary NCO Course (PNCOC) AC or RC.

	c.  Soldiers serving on AGR status who have not completed the required NCOES course for the appropriate grade prior to entry on active duty, must complete the AC NCOES course (WLC-AC, BNCOC-AC, and ANCOC-AC). 

	d.  A Soldier may be promoted on the condition that he or she enroll in and successfully complete the course required for the grade.  If the grade requires the Soldier to be a graduate of WLC (PLDC), the Soldier must be enrolled within 12 months of the date of promotion and a graduate of PLDC by the 24th months.

   e.  When a Soldier is eliminated from an NCOES course for cause, the Soldier will be removed from the promotion list and if conditionally promoted, will be reduced. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was promoted to SGT/E-5 on 
25 November 1992.  She was subsequently enrolled in PLDC as part of the NCOES requirements for that grade; however, she failed to achieve course standards and was disenrolled from the course.  

2.  Based on the applicant performing her duties at the rank of SGT for 6 years, the Commanding General approved the applicant's request for a waiver of PLDC requirements and she was allowed to keep her SGT/E-5 rank/grade.   This approval was granted for the purpose of allowing her to keep her SGT rank; it did not necessarily waive PLDC as a pre-requisite to other NCOES courses.


3.  The evidence of record further shows the applicant was conditionally promoted to SSG/E-6 on 30 June 1998 in MOS 54B contingent upon her successful completion of BNCOC.  Although, she completed Phase I of MOS 54B BNCOC, she did not complete Phase II of MOS 54B BNCOC.  Thus, she did not meet the requirements of her conditional promotion.

4.  The evidence of record also shows the applicant entered the USAR AGR program in MOS to 92Y on 14 July 2003.  She subsequently completed Phase I of MOS 92Y BNCOC and was enrolled in Phase II of MOS 92Y BNCOC.  However, her enrollment in Phase II of 92Y BNCOC was terminated midway through the course (contrary to her assertion that she was disenrolled 3 days prior to graduation) because she was not a graduate of the PLDC.  By regulation, when she was disenrolled, action was taken to reduce her to her previous grade, effective 1 March 2005.  There does not appear to be an error or an injustice.

5.  The evidence of record shows that the applicant was scheduled to attend PLDC and/or WLC on two separate occasions since her reduction to SGT/E-5; however, there is no indication that she has completed this NCOES requirement. 

6.  With respect to the applicant's contention that she should be considered for promotion to SFC/E-7, there is no evidence that the applicant met grade and/or NCOES eligibility requirements for consideration for promotion to that rank/grade, or any of the lower NCO grades (SGT and SSG).  Additionally, no basis has been established for restoration of any pay or allowances. 

7.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement.  Therefore, she is not entitled to relief.

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.


															XXX
      _______ _   _______   ___
               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)                                         AR20080014443



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ABCMR Record of Proceedings (cont)                                         AR20080014443



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