BOARD DATE: 20 August 2009
DOCKET NUMBER: AR20090003833
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 correction of his military records to show his rank as sergeant first class, pay grade E-7.
2. The applicant states that he was transferred to a new unit and promoted to sergeant first class, pay grade E-7 on 1 December 1999. He served in this rank for more than a year. On 23 October 2001, he was transferred back to his previous unit, but there are no orders showing that he was reduced to his former rank and pay grade. He has been trying since 2001 to have his rank and pay grade corrected.
3. The applicant provides, in support of his application, copies of his promotion orders for sergeant first class, pay grade E-7; unit transfer orders dated
23 October 2001; and orders transferring him to the Retired Reserve effective
29 September 2006 in the rank of staff sergeant, pay grade E-6.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a staff sergeant, pay grade
E-6, assigned to the Retired Reserve.
2. Orders 301-32, Headquarters, 84th Division (Institutional Training), dated 28 October 1999, promoted the applicant to the rank of sergeant first class, pay grade E-7. This was a conditional promotion, requiring completion of the Advanced Noncommissioned Officer Course. Special instructions contained in the orders stated that the Soldier must enroll in and successfully complete the Noncommissioned Officer Education System course required for the grade to which promoted. Failure to meet this requirement subjected the Soldier to reduction to the rank and pay grade held prior to promotion.
3. A DA Form 1059 (Service School Academic Evaluation Report), dated 13 August 2000, shows that the applicant was enrolled in the resident Advanced Noncommissioned Officer Course from 6 to 18 August 2000. He was dismissed from this course due to failure to meet the Army physical fitness standards.
4. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion and Reduction) applicable to all United States Army Reserve Soldiers assigned to the Ready, Selected, Standby or Retired Reserve, authorizes promotions conditioned on completion of required noncommissioned officer education courses. Paragraph 8-19c requires that for the Advanced Noncommissioned Officer Course, Soldiers must be enrolled within 12 months of the date of promotion and be a graduate within 24 months of the completion date for Phase I. An extra 12 months is allowed for completion of each phase for courses having more than 2 phases.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his correct rank is sergeant first class, pay grade E-7.
2. The evidence of record shows that the applicant was conditionally promoted to sergeant first class, pay grade E-7 and was enrolled in the Advanced Noncommissioned Officer Course. However, he failed to successfully complete this course of instruction and was subject to reduction to his former rank and pay grade.
3. The lack of reduction orders in the applicant's personnel file does not mean he was not properly reduced to his former rank and pay grade based on his failure to complete the requisite course of instruction.
4. In view of the above, the applicant's request should be denied.
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) AR20090003833
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003833
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019784
The applicant states: * he was promoted to SFC on 1 January 2004 * he completed Phase I of the Advanced Noncommissioned Officer Course (ANCOC) on 6 June 2004, but he could not attend Phase II of ANCOC at that time due to certain medical conditions * he took a voluntary reduction in grade effective 9 August 2004 and was transferred to his detachment * he feels he would have retired at the highest grade held except for medical reasons beyond his control 3. On 31 August 2006, the applicant...
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 | CY2008 | 20080018293
The applicant states he was reduced from E-7 back to E-6 for not completing the Advanced Noncommissioned Officer Course (ANCOC) Phase II in time even though he had physical problems. His effort to complete ANCOC is evident by the completion of ANCOC Phase I a second time, even after the reduction and suspension of his conditional promotion effective in January 2003. There is no evidence of record which indicates he completed ANCOC Phase II.
ARMY | BCMR | CY2005 | 20050011887C070206
His promotion orders specified in the additional instructions that the promotion was awarded with the condition that the applicant must be enrolled in and successfully complete the Noncommissioned Officer Education System (NCOES) course required for the grade to which promoted. In November 2000, the applicant submitted a request to retain his rank and to be given an opportunity to attend ANCOC Phase I. Notwithstanding that conditional promotions were suspended approximately 5 months after...
ARMY | BCMR | CY2006 | 20060011707
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2007 DOCKET NUMBER: AR20060011707 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that her records be corrected to show pay grade E-7. There is no evidence in the applicant's records which show a promotion order for pay grade E-7 or a reduction order from pay grade E-7.
ARMY | BCMR | CY2010 | 20100016621
He states he was promoted to sergeant first class (SFC)/E7 on 30 June 1998 contingent upon enrollment in the Noncommissioned Officer Education System (NCOES) within 12 months of the effective date of promotion and completion within 24 months. A Soldier who has been conditionally promoted must be enrolled and graduated from the NCOES course within the specified period of time. A Soldier must be enrolled in ANCOC within 12 months of the date of promotion and be a graduate of that course...
ARMY | BCMR | CY2006 | 20060000235C070205
U.S. Total Army Personnel Command Order Number 347-21, dated 13 December 2001, authorized the applicant’s promotion to sergeant first class/pay grade E-7, effective 1 January 2002. The applicant's service records did not contain any medical records and the applicant did not submit sufficient evidence showing that he was medically disqualified for attendance in ANCOC. Evidence shows the applicant was selected for a conditional promotion for the grade of sergeant first class.
ARMY | BCMR | CY2014 | 20140008454
On 21 June 2011, the applicant was promoted to SFC/E-7, with an effective date of 21 June 2011. a. Paragraph 1-27 (Noncommissioned Officer Education System requirement for promotion and conditional promotion) states an ALC graduate is eligible for promotion to SFC. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by: a. revoking the orders reducing him to SSG/E-6; b. amending his retirement...
ARMY | BCMR | CY2002 | 2002071116C070402
This order also contained special instructions indicating that those members accepting a conditional promotion and who are subsequently denied enrollment, declared a no-show, become an academic failure or otherwise do not meet graduation requirements of the required Noncommissioned Education System (NCOES) course would be reduced to the grade and rank held prior to the conditional promotion. On 25 February 2002, the applicant’s battalion commander submitted a request to this Board, asking...
ARMY | BCMR | CY2004 | 20040011259C070208
The applicant provides her Active Guard Reserve assignment orders; her email notification of selection for promotion; a Personnel Action (DA Form 4187) requesting deferment of ANCOC with an attachment; a Personnel Action requesting to attend Service School; a Personnel Action requesting separation; her Request and Authority for Leave (DA Form 31); e-mails regarding her expiration of term of service (ETS) paperwork, rank reduction, and service member assistance; an amendment to reduction...