IN THE CASE OF:
BOARD DATE: 3 March 2009
DOCKET NUMBER: AR20080017552
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, correction of his military records to show that he was discharged in the rank of sergeant (SGT), pay grade E-5. He also requests that his discharge certificate be changed from specialist (SPC), pay grade E-4 to SGT. He further requests that his retirement status reflect the same change.
2. The applicant states that his discharge certificate shows the wrong rank.
3. The applicant provides, in support of his application, copies of his promotion orders and promotion certificate. He did not provide a copy of the subject discharge certificate.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The available evidence of record shows:
a. The applicant enlisted in the Regular Army on 2 April 1991 and that he was discharged on 26 June 1991. He had completed 2 months and 25 days of creditable active duty service. There is no available explanation for his discharge. His Certificate of Release or Discharge from Active Duty (DD Form 214), Member Copy 1, shows his rank as SPC with a date of rank the same as his date of entry on active duty.
b. The applicant enlisted in the Nevada Army National Guard on 7 May 1996 in the rank of SPC. He was discharged without personal notice on 4 December 1996. He had completed 6 months and 28 days of net service this period.
c. The applicant enlisted in the Wisconsin Air National Guard on 13 September 1997 in the rank of senior airman, pay grade E-4. On 5 May 1998, he entered active duty for training. He completed his initial training and was awarded a primary specialty of 2W111F (Aircraft Armament Trainee). He was released from active duty for training on 2 September 1998, having completed 3 months and 28 days of creditable active duty for training.
d. On 18 November 1999, the applicant enlisted in the United States Army Reserve, in the rank of SPC.
3. Orders 336-6, Headquarters, 757th Transportation Battalion, Milwaukee, Wisconsin, dated 1 December 2000, promoted the applicant to the rank of SGT. The promotion was conditioned upon his completion of the Noncommissioned Officers Education System (NCOES) course required for promotion to SGT. In accordance with Army Regulation 140-158, paragraph 7-12d, the applicant would be reduced to the rank and pay grade held prior to promotion if he failed to meet the conditional requirements. The accompanying promotion certificate shows his rank as sergeant, effective 1 December 2000.
4. Orders C-04-209850, U.S. Army Reserve Personnel Command, dated 5 April 2002, released the applicant from the U.S. Army Reserve (USAR) Control Group (Annual Training), in the rank of SPC, and assigned him to the USAR Control Group (Reinforcement), effective the date of the order.
5. Orders D-02-405371, U.S. Army Human Resources Command, dated
17 February 2004, honorably discharged the applicant from the USAR in the rank of SPC.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was promoted to SGT and that his discharge certificate should show the same rank.
2. The evidence clearly shows that the applicant was promoted to the rank of SGT. However, this was a conditional promotion requiring subsequent completion of the required NCOES course. There is no evidence showing that he successfully completed the required course.
3. Subsequent orders, dated in 2002 and 2004, show his rank as SPC. This indicates that he may have been administratively reduced to his original rank of SPC as a result of not completing the required course.
4. The available evidence is insufficient in determining if the subject documents are in error. In the absence of evidence to the contrary, it is presumed that the applicant's records are correct in showing his rank as SPC.
5. 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.
6. 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
____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) AR20080017103
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080017552
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130009058
The applicant states the reduction order is in error because she should not have been reduced to SPC in accordance with Army Regulation 140-158 (Army Reserve Enlisted Personnel Classification, Promotion, and Reduction), paragraph 7-12d (Failure to meet conditional promotion Noncommissioned Officer Education System (NCOES) requirements). Evidence shows her correct SSN is xxx-xx-3xxx. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100015331
CAARNG orders in the applicant's record in the interactive Personnel Electronic Records Management System show he was transferred among CAARNG units several times after his release from active duty (REFRAD) on 15 March 2005. CAARNG Orders 144-1108, dated 14 May 2006, show the applicant was administratively reduced from SGT/E-5 to SPC/E-4 effective 4 April 2006 by authority of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 11-58. The evidence of record...
ARMY | BCMR | CY2009 | 20090018057
IN THE CASE OF: BOARD DATE: 13 April 2010 DOCKET NUMBER: AR20090018057 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. CAARNG Orders Number 144-1108, dated 14 May 2006 show the applicant was administratively reduced in rank from SGT/E-5 to SPC/E-4 effective 4 April 2006 by authority of National Guard Regulation 600-200, paragraph 11-58. National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 11, in effect at the time the applicant was promoted to sergeant/E-5 in 2004,...
ARMY | BCMR | CY2008 | 20080014443
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. 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. 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...
ARMY | BCMR | CY2002 | 2002069173C070402
On 21 August 2001, the applicant submitted a request for attendance at BNCOC. Another e-mail was provided, dated 10 September 2001, which stated that his DA Form 4187 was received for attendance at BNCOC during the period 1 October through 15 December 2001. The applicant submitted a second request for deferment from active duty BNCOC and requested that he attend the USAR BNCOC.
ARMY | BCMR | CY2008 | 20080017608
AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), establishes the Army physical disability evaluation system and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. A temporary profile is given if the condition is considered temporary, the correction or treatment of the condition is medically advisable, and...
ARMY | BCMR | CY2009 | 20090019947
The advisory official stated that after a thorough review of the applicant's records, his office recommends his reinstatement to the rank of SFC with the understanding that he will not be eligible for promotion to master sergeant (MSG) until he completes all required NCO education courses. Neither promotion order indicates his promotion was conditional upon completion of NCOES. a. Paragraph 1-27 (NCOES Requirement for Promotion and Conditions Promotion) states that a Soldier must be a WLC...
ARMY | BCMR | CY2012 | 20120008590
The applicant requests reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show awards of the: * Expert Infantryman Badge * Humanitarian Service Medal * Military Outstanding Volunteer Service Medal 2. The applicant's records do not contain and he did not provide: * official orders awarding him the Expert Infantryman Badge * orders, memoranda, or certificates showing he qualified with any additional weapon systems...
ARMY | BCMR | CY2011 | 20110021880
The applicant requests correction of his military records by voiding his reduction in rank to sergeant (SGT), pay grade E-5. b. Paragraph 10-16 (Reductions for Failure to complete Training) provides that Soldiers conditionally promoted in accordance with paragraph 127 of this regulation are administratively reduced to the grade previously held upon failure to complete the training requirement established in that provision. The applicant contends that his military records should be...
ARMY | BCMR | CY2011 | 20110021322
IN THE CASE OF: BOARD DATE: 1 May 2012 DOCKET NUMBER: AR20110021322 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Paragraph 8-2 identified the NCOES course requirement for promotion and stated the requirement for promotion to SSG/E-6 was completion of BNCOC. The evidence of record confirms the applicants promotion to SSG/E-6 was conditional and contingent on his completion of BNCOC, which was the NCOES education requirement necessary to qualify for promotion to SSG/E-6 in effect at the time.