IN THE CASE OF:
BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20090017580
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 his date of rank (DOR) be adjusted to 13 July 1998.
2. The applicant states his problem began when he was denied the opportunity to complete Phase II of the Advanced Noncommissioned Officer Course (ANCOC). He was first told he was not eligible and then informed he had completed all the requirements by members of his command responsible for scheduling him for the course. He claims in 2001 he was selected for promotion to master sergeant/E-8 (MSG/E-8); however, he was later removed from the list because he had not completed ANCOC.
3. The applicant provides an Inspector General (IG) packet in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows on 9 March 1997 he completed Phase 1 of ANCOC in military occupational specialty (MOS) 31W.
2. On 21 March 1998, the Command Sergeant Major (CSM) of the 78th Battle Projection Group, the applicants unit, submitted a request to the President of the
77th Reserve Support Group Promotion Board requesting the applicant, who held the rank of SSG/E-6 at the time, be considered for promotion to Sergeant First Class (SFC)/E-7 as he was assigned to an E-7 position in his unit.
3. In the memorandum, the CSM indicated the applicant had completed Phase 1 of ANCOC and there was no Phase II for his MOS, as evidenced by the report included with the memorandum.
4. On 13 July 1998, the applicant was promoted to sergeant first class/E-7 (SFC/E-7).
5. On 1 July 2001, the applicants name was included in the MSG/E-8 promotion selection list. On 1 August 2001, he was removed from the list because he had not completed ANCOC.
6. On 22 June 2003, the applicant completed Phase II of ANCOC and was later selected for and promoted to MSG/E-8 on 29 December 2003.
7. In connection with the processing of this case, an advisory opinion was obtained from the United States Army Reserve Command (USARC) Deputy Chief of Staff, G-1. This official confirms the applicant was erroneously informed by his command that he had completed all phases of ANCOC and as a result of this information, he was not afforded the opportunity to be considered for promotion to MSG/E-8 until 2003. He further states the applicants request to change his DOR to 13 July 1998 is not feasible because he was not eligible to be considered for promotion to MSG/E-8 until July 2001. However, USARC recommends the applicants MSG/E-8 DOR be adjusted to 1 August 2001, which is the earliest date he could have been promoted had he been recommended for promotion at the correct time.
8. On 21 April 2010, the applicant was provided a copy of the USARC advisory opinion in order to have the opportunity to respond to its contents. To date, he has failed to reply.
9. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the Armys enlisted promotion policy. Paragraph 1-27 contains the Noncommissioned Officer Education System (NCOES) requirement for promotion and conditional promotion. It states to be considered for SFC/E-7, a member must be a basic noncommissioned officer course (BNCOC) graduate. For consideration for promotion to MSG/E-8, a member must be an ANCOC graduate. Constructive credit for NCOES completion may be granted by the Training and Doctrine Command.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was unjustly denied attendance at ANCOC and as a result was denied promotion consideration has been carefully considered and found to have merit.
2. The evidence of record confirms when he requested attendance at Phase II of ANCOC the applicant was erroneously informed he had met all the requirements for the ANCOC and as a result satisfied the NCOES requirement for promotion to MSG/E-8 by his command. It further shows that he was selected for promotion in July 2001, but was removed from the promotion list on 1 August 2001 because he had not completed the ANCOC. Subsequently, he completed ANCOC and was selected for and promoted to MSG/E-8 on 29 December 2003.
3. In view of the facts of this case, as outlined in the USARC advisory opinion, it would be appropriate to correct the record to show the applicant was fully qualified for promotion to MSG/E-8 when he was selected in July 2001, and that he was promoted to MSG/E-8, effective and with a DOR of 1 August 2001, as recommended by the USARC G-1. It would also be appropriate to provide the applicant all back pay and allowances due as a result of this change to the effective date of his promotion.
4. The evidence does not support the applicants request for his MSG/E-8 DOR to be changed to 13 July 1998. Given he was promoted to SFC/E-7 on that date, he clearly would not have been eligible for promotion to MSG/E-8 even had he completed ANCOC at the time.
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 showing the applicant was promoted to MSG/E-8, effective and with a date of rank of 1 August 2001; and by providing him all back pay and allowances due as a result.
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 changing his MSG/E-8 promotion date to 13 July 1998.
_______ _ __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) AR20090017580
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ABCMR Record of Proceedings (cont) AR20090017580
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