IN THE CASE OF:	  

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090014340 


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 that he was promoted to staff sergeant (SSG)/E-6, with a date of rank (DOR) and effective date of 18 January 2007.  In the alternative, he requests a DOR and effective date of 3 November 2007.

2.  The applicant states that he was fully qualified to enlist as an SSG/E-6 at the time of his entry in the U.S. Army Reserve (USAR) and he should have a DOR and effective date of 18 January 2007.  He also contends that the battalion command sergeant major did not allow his promotion packet to go before the November 2007 promotion board, thereby denying him consideration for promotion.

3.  The applicant provides copies of course completion certificates and DA Forms 1059 (Service School Academic Evaluation Reports) for the Quartermaster Officer Basic Course and the Ordnance Maintenance Management Officer Advanced Course; a completion certificate for the Combined Arms and Services Staff School (CAS3); a self-authored Memorandum for Record, dated
18 December 2007, and a Memorandum for Record by his battalion sergeant major, dated 15 July 2008.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as an SSG/E-6 in the USAR.

2.  On 7 July 1983, the applicant enlisted in the Regular Army.  He attained the rank of specialist four (SP4)/E-4 and was released from active duty on 6 May 1987.  He had completed 3 years and 19 days of creditable active service.

3.  On 7 May 1987, the applicant joined the 158th Finance Section, Arizona Army National Guard (AZARNG).  Effective 19 October 1987, he was transferred to the USAR Control Group (Reserve Officers' Training Corps (ROTC)).

4.  On 13 May 1989, the applicant accepted an appointment as a second lieutenant, USAR.  He completed the Quartermaster Officer Basic Course on or about 6 May 1991.

5.  National Guard Bureau (NGB), Special Orders Number 150 AR, dated
10 September 1991, extended Federal recognition to the applicant effective
20 June 1991.  He was assigned to the 158th Supply and Service Battalion, AZARNG.

6.  State of Arizona, Department of Emergency and Military Affairs, Division of Military Affairs, Phoenix, AZ, Orders 86-34, dated 12 October 1995, promoted the applicant to captain (CPT)/O-3, with a date of rank and effective date of
6 October 1995.

7.  Orders 69-27, same department, dated 13 June 2001, honorably separated the applicant from the ARNG, effective 2 January 2001, under the provisions of National Guard Regulation 635-100 (Termination of Appointment and Withdrawal of Federal Recognition), paragraph 5b(6), by reason of pursuant to the findings of a board of officers convened under the provisions of National Guard Regulation 635-101 (Efficiency and Physical Fitness Boards) or National Guard Regulation 635-102 (Officers and Warrant Officers Selective Retention).  The additional instructions stated that all Reserve of the Army and Army of the United States appointments were terminated.  The applicant had no remaining service obligation.

8.  A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) dated 18 January 2007, shows that the applicant enlisted in the USAR for a period of 6 years in the rank of sergeant (SGT)/E-5.

9.  A DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 18 January 2007, shows in Section VI - Remarks that a grade determination waiver for enlistment beginning in grade E-5 had been approved at battalion operations on 17 January 2007.

10.  A DA Form 4187 (Personnel Action), dated 15 November 2007, indicates that the applicant requested equivalent credit for the Warrior Leader Course (WLC) based on his completion of the Army Quartermaster Officer Basic Course, Army Ordnance Maintenance Management Officer Advanced Course, and CAS3.  The battalion commander recommended approval of the request on 1 December 2007.

11.  On 16 April 2008, the Deputy Chief of Staff, G-7 (Logistics and Training), Headquarters, USAR Command, Fort McPherson, GA, approved the applicant's request for equivalent credit for the Warrior Leader Course.

12.  Orders 08-140-00007, Regional Support Group-West, Arlington Heights, IL, dated 19 May 2008, promoted the applicant to SSG/E-6, with a date of rank and effective date of 1 June 2008.

13.  In a self-authored Memorandum for Record, dated 18 December 2007, the applicant stated that in August 2007, the Battalion S-1 [a senior noncommissioned officer] advised him that he was eligible for promotion to SSG/E-6; however, he needed to have credit for the WLC.  The Battalion S-1 advised him to submit a memorandum requesting a waiver for WLC due to his prior officer schooling; however, the memorandum was not prepared at the time.  The Junior Noncommissioned Officer Promotion Selection Board was held on
3 November 2007 while he was deployed to Fort Bliss, TX in support of Operation Enduring Freedom, thereby, giving him no chance to correct this error.  He states he discovered his promotion packet was declined a few days following the selection board.  The Battalion S-1 informed him that the failure to have WLC was the reason for his packet being declined.  On 15 November 2007, the applicant submitted the abovementioned DA Form 4187, which was subsequently approved on 16 April 2008.

14.  In a Memorandum for Record, dated 15 July 2008, the applicant's battalion command sergeant major stated that in August 2007, the applicant had requested assistance from the Battalion S-1 Office to obtain equivalent credit for the Warrior Leader Course based on his previous officer training.  Effective action was not taken on the applicant's request.  Instead, he was instructed to place an information sheet from the Human Resources Command's website into his promotion packet.  Due to this erroneous advice and lack of assistance, a request for equivalent credit was not processed prior to the convening of the promotion board in November 2007.  It was subsequently processed and the applicant was selected for promotion by the following board.  This delay was not due to any fault of the applicant.

15.  In the processing of this case, on 31 March 2010, an advisory opinion was obtained from the Chief, Enlisted Board Support Branch, Department of the Army Promotions Division, U.S. Army Human Resources Command, St. Louis, MO.  The advisory official states that the applicant was not considered for promotion to SSG by the November 2007 junior promotion board because he was not educationally qualified.  The applicant had been proactive and had acted in good faith well in advance of the November 2007 promotion board when he requested equivalent credit for the Warrior Leader Course.  The advisory official recommends that the applicant's date of rank and effective date for promotion be amended to 3 November 2007.

16.  On 31 March 2010, a copy of the advisory opinion was sent to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal.  No response has been received.

17.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) provides that the commander or the executive officer at the recruiting battalion has the authority to make enlistment grade determinations in the rank/grade of SGT/E-6, and the area commander has the authority to make determinations in the ranks/grades of SSG/E-6 through sergeant major
(SGM)/E-9.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was fully qualified for enlistment as an
SSG/E-6 at the time of his entry in the USAR and he should have a DOR and effective date of 18 January 2007.  He also contends that the battalion command sergeant major did not allow his promotion packet to go before the November 2007 promotion board, thereby denying him consideration for promotion.  In the alternative, he requests a DOR and effective date of 3 November 2007.

2.  The evidence of record shows that the applicant enlisted on 18 January 2007 in the rank/grade of SGT/E-5.  The recruiting battalion approved a grade determination in conjunction with this reenlistment.  There is no evidence showing that a request was made to the area commander for a grade determination of SSG/E-6.

3.  In view of the above, the applicant's request to show that he enlisted in the pay grade of E-6 should be denied.

4.  The available evidence shows that the applicant acted in good faith by requesting assistance in August 2007 to obtain equivalent credit for his previous training as an officer.  The S-1's erroneous advice and lack of assistance was the direct cause of the applicant's not being considered for promotion by the November 2007 board.  The applicant's subsequent selection for promotion to SSG/E-6 by the following year's board is indicative that he would have been selected by the earlier board had he received the requested assistance.

5.  In view of the above, the applicant's request to change his date of rank and effective date for promotion to SSG to 3 November 2007 should be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.   amending his promotion orders for staff sergeant to show his date of rank and effective date as 3 November 2007; and 
   
   b.  paying him any monies due him as a result of this correction.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing that he enlisted in the USAR in the rank of SSG/E-6 on 18 January 2007.



      __________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)                                         AR20090014340



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ABCMR Record of Proceedings (cont)                                         AR20090014340



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