BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100000120 


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, in effect, to have his rank and pay grade restored to sergeant/E-5.

2.  The applicant states he was reduced from sergeant/E-5 to specialist/E-4 after being honorably discharged when he returned from Bosnia effective 2 June 2002.  He further states the initial reduction orders cited the reason for his reduction as "misconduct."  Soon after, a corrected copy of these orders changed the reason for reduction to "failure to complete training."  He states both reasons are incorrect as he was never charged with any misconduct or scheduled for any training upon his return from Bosnia prior to his honorable discharge.

3.  The applicant provides the following in support of his application:

* self-authored statement
* two letters of support/recommendation
* DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 23 April 2002
* DD Form 214, effective 2 June 2007
* Headquarters, Oregon National Guard, Orders 303-9, dated 31 October 2002
* Corrected Copy - Headquarters, Oregon National Guard, Orders 303-9, dated 31 October 2002
* Headquarters, Oregon National Guard, Orders 285-025, dated 12 October 2007

CONSIDERATION OF EVIDENCE:

1.  The records show he enlisted in the Oregon Army National Guard (ARNG) on 27 March 1991.  He was trained in and awarded military occupational specialty 96R (Ground Surveillance System Operator).

2.  Headquarters, 41st Separate Infantry Brigade, Oregon ARNG, 
Orders 050-001, dated 19  February 2002, promoted him to sergeant/E-5 with an effective date of 1 August 2001.  The additional instructions state the "Promotion is not valid and will not be effective if the Soldier is not in a promotable status on the effective date of promotion.  Must meet [Noncommissioned Officer Education System (NCOES)] requirements within 2 years of return from [Stabilization Force] 10 deployment."

3.  The records show he was mobilized in support of Operation Joint Forge and served in Bosnia from 11 September 2001 to 2 April 2002.

4.  On 16 April 2002 upon his redeployment from Bosnia, he requested to be transferred to the U.S. Army Reserve Individual Ready Reserve (IRR) in order to pursue employment in Japan and indicated he would probably reside in Japan indefinitely.  This request required an exception to the stop-loss policy enacted during his deployment which extended him on active duty until 23 March 2003.

5.  On 23 April 2002, he was released from active duty to the control of his ARNG unit, the 241st Military Intelligence Company in Portland, OR.  The DD Form 214 he was issued at the time shows his rank and pay grade as sergeant/E-5.

6.  On 24 October 2002, the Chief, Personnel Policy, Programs, and Manpower Division, National Guard Bureau (NGB), approved the request for exception to stop-loss policy, but did not address the transfer to the IRR.  The NGB Form 22 (Report of Separation and Record of Service) issued to him shows he was honorably discharged effective 3 June 2002.  The reason shows he moved to an area where a paid drilling unit of the ARNG was not within reasonable commuting distance.  His rank and pay grade reflect specialist/E-4 with a date of rank of 3 June 2002.

7.  Headquarters, Oregon National Guard, Orders 303-9, dated 31 October 2002, reduced him to specialist/E-4 for "misconduct" and discharged him from the ARNG and as a Reserve of the Army effective 3 June 2002.  A corrected copy of this order was published and amended the reason for his reduction to "failed to complete training."

8.  An advisory opinion from the NGB obtained in the processing of this case recommended disapproval.  It states the applicant was conditionally promoted and was required to complete the NCOES requirement within 2 years of the effective date of his promotion in order to maintain his pay grade.

9.  On 10 September 2010, he provided a rebuttal which summarily states the Oregon ARNG discharged him early which left him no opportunity to complete the required NCOES training.

10.  A copy of the Army Training Requirements and Resources System provided as part of the advisory opinion does not show he was ever scheduled to attend the Primary Leadership Development Course (PLDC).

11.  He provided the following documents in support of his application:

	a.  a letter of recommendation from his former commander stating the applicant was never charged with misconduct nor had he ever signed any documents reducing the Soldier;

	b.  a statement from a fellow Soldier confirmed the applicant was promoted to sergeant/E-5 prior to his deployment to Bosnia;

	c.  Headquarters, Oregon National Guard, Orders 303-9, dated 31 October 2002, and the corrected copy of these orders;

	d.  Headquarters, Oregon National Guard, Orders 285-025, dated 12 October 2007, amended the corrected copy of Headquarters, Oregon National Guard, Orders 303-9, dated 31 October 2002, to read:  "Reason:  Reduction upon return from Active Duty;" and

	e.  a DD Form 214 effective 2 June 2007 which shows in item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) that he held the rank and pay grade of specialist/E-4 at the time of this separation.

12.  National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 11, prescribes the policies and procedures for advancement, promotion, lateral appointment, reduction, and restoration.  Paragraph 11-28 outlines the NCOES requirements for conditional promotions and states that specialists and corporals are promotable to sergeant after they complete PLDC.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his rank and pay grade should be restored to sergeant/E-5 because his reduction to specialist/E-4 was, in effect, an administrative error.

2.  The record shows he was promoted to sergeant/E-5 with an effective date of 1 August 2001 and these orders clearly state his promotion would not be valid if he failed to complete the NCOES requirement within 2 years of the effective date.

3.  Upon his redeployment from Bosnia, he requested to be transferred to the IRR.  He was discharged from the ARNG at his own request, he was not discharged early.  However, the NGB only approved the exception to the stop-loss policy and did not address his request for transfer to the IRR.  This omission was most likely because the applicant was already in Japan.  On 3 June 2002, he was discharged from the Oregon ARNG without completing the NCOES requirement for his conditional promotion and was consequently reduced to specialist/E-4 for failing to complete required training.

4.  National Guard Regulation 600-200 states that specialists and corporals must complete the NCOES requirement for promotion to sergeant/E-5; therefore, he is not entitled to have his pay grade restored.

5.  In view of the foregoing, his 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)                                         AR20100000120



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ABCMR Record of Proceedings (cont)                                         AR20100000120



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