DOCKET NUMBER: AR20090001580
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 that his retirement rank be changed to sergeant major instead of master sergeant.
2. The applicant states, in effect, that his rank is wrong on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2007 and his finance records. He contends that he is a sergeant major/E-9 and was retired as a master sergeant/E-8.
3. The applicant provides a copy of his DD Form 214, promotion orders, amendment orders, and a U.S. Uniformed Services Identification Card in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) on 1 September 1995. He was promoted to master sergeant effective 1 September 2001.
2. The applicant provided orders, dated 25 April 2005, which show he was promoted to sergeant major effective 1 May 2005. The orders state the promotion is not valid and it will be revoked if he is not in a promotable status on the effective date of promotion and that Soldiers who are promoted automatically incur a 2-year Active Guard Reserve obligation prior to voluntary nondisability retirement. These orders were amended on 25 April 2005 to read: "Soldiers who are promoted may automatically incur a service obligation prior to voluntary nondisability retirement" instead of "Soldiers who are promoted automatically incur a 2-year Active Guard Reserve obligation prior to voluntary nondisability retirement."
3. The applicant's service personnel records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 24 June 2005, authenticated by the Acting Commandant which shows he was dismissed from the Sergeants Major Course for misconduct.
4. On 5 July 2005, the applicant was notified of his dismissal from the U.S. Army Sergeants Major Academy for inappropriate personal conduct. The memorandum states, in pertinent part, "Soldiers dismissed from the Nonresident Sergeants Major Course for any reason may, by the appropriate authority, be removed from the Army standing promotion list, have their conditional promotion status revoked, be barred from reenlistment, receive non-judicial punishment, or be reclassified."
5. The applicant's records contain a reissued DA Form 1059, dated 7 September 2005, authenticated by the Commandant which shows he was dismissed from the Sergeants Major Course for misconduct.
6. Orders, dated 21 September 2005, show the applicant was reduced from sergeant major to master sergeant.
7. The applicant's DD Form 214 for the period ending 28 February 2007 shows he entered active duty on 28 February 2007 and was retired on 28 February 2007. Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of this DD Form 214 show his rank as master sergeant/E-8.
8. In support of his claim, the applicant provided a U.S. Uniformed Services Identification Card which shows his rank as sergeant major/E-9.
9. Army Regulation 600-8-19 prescribes the policies and procedures for promotion and reduction of Army enlisted personnel. The current version of this regulation states, in pertinent part, that a Soldier must be a graduate of the U.S. Army Sergeant Major Course for promotion to sergeant major. It states that Soldiers selected for promotion to staff sergeant, sergeant first class, and sergeant major will be conditionally promoted. It states Soldiers promoted to sergeant major will incur a 2-year service requirement. It states a promoted Soldier may not, at his or her own request, be reduced to terminate the required service requirement.
DISCUSSION AND CONCLUSIONS:
1. The promotion orders and the identification card provided by the applicant were carefully considered.
2. The applicant's promotion to sergeant major was contingent upon his completion of the Sergeants Major Course and a 2-year service obligation in the rank of sergeant major. His promotion effective date was 1 May 2005. He was dismissed from the U.S. Army Sergeants Major Academy for inappropriate personal conduct in July 2005 and he was separated for retirement effective 28 February 2007. Therefore, he did not fulfill his promotion obligation to retain the rank of sergeant major and orders show he was reduced to master sergeant on 21 September 2005.
3. Based on the foregoing, the promotion orders are not sufficient as a basis for amending the applicant's rank to sergeant major.
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) AR20090001580
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090001580
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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