IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090018057
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 rank be restored from specialist (SPC)/E-4 back to sergeant (SGT)/E-5.
2. The applicant states he was administratively reduced to the rank of SPC two months after he was discharged from the California Army National Guard (CAARNG). His reduction was without cause and/or supporting documents.
3. The applicant provides:
* CAARNG Orders Number 240-1022, dated 27 August 2004
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 March 2005
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 4 April 2006
* CAARNG Orders Number 144-1108, dated 24 May 2006
CONSIDERATION OF EVIDENCE:
1. The applicant had prior service in the Regular Army and the U.S. Army Reserve. He enlisted in the CAARNG on 5 April 2003 for a 3-year term of service.
2. CAARNG Orders Number 240-1022, dated 27 August 2004 show the applicant was promoted to SGT/E-5 effective 1 June 2004. The orders indicated, in pertinent part, Soldiers must enroll in the appropriate NCOES (Noncommissioned Officer Education System) within 12 months of the effective date of promotion.
3. 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. There is no evidence in his available military records that shows he completed the Primary Leadership Development Course (PLDC) prior to his administrative reduction to SPC.
4. On 4 April 2006, the applicant was honorably discharged from the CAARNG. Item 5 (Rank) of the applicant's NGB Form 22 show his rank as "SPC."
5. 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, prescribed policies, procedures and systems to advance, promote, laterally appoint, reduce and restore in grade for all ARNG enlisted Soldiers, except those included in the end-strength of the Regular Army and who were covered by the active Army promotion system. Paragraph 11-58 stated a Soldier who failed to complete an NCOES course that was a condition of a promotion due to their failure to apply for, enter, meet standards, or through misconduct or voluntary withdrawal, would be reduced. Time in grade in the higher grade was not considered satisfactory service for future adjusted date of rank if promoted again to the grade nor was it creditable towards retired pay in the higher grade or any other determination dependent upon the higher grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant was initially promoted to SGT/E-5 on 1 June 2004. This promotion was contingent upon being "in a promotable status on the effective date of promotion." Because the applicant had not completed his NCOES requirements, his promotion was considered conditional.
2. On 4 April 2006, nearly two years after his promotion, he was reduced to SPC/E-4 because he failed to complete his required NCOES training. In accordance with National Guard Regulation 600-200, the applicant, by not completing a required NCOES course that was a condition of his initial promotion in 2004, failed to satisfactorily hold the rank of SGT/E-5 even though he held the rank for nearly 2 years.
3. Based on the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090018057
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ABCMR Record of Proceedings (cont) AR20090018057
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