Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100011832
Original file (20100011832.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100011832 


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 retirement rank be changed to sergeant major instead of master sergeant.

2.  The applicant states he held the position of sergeant major more than 
2 years after his promotion.

3.  The applicant provides promotion orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having prior service in the Regular Army and Army National Guard, the applicant enlisted in the U.S. Army Reserve (USAR) on 6 May 1990. 

3.  On 29 August 2001, the applicant received his notification of eligibility for retired pay at age 60 (his 20-year letter).

4.  Orders show the applicant was promoted to sergeant major effective 
1 September 2001.  These orders also state, in pertinent part, that “This promotion is awarded with the condition the Soldier must be enrolled in, and successfully complete, the NCOES [Noncommissioned Officer Education System] course required for the grade to which promoted.  The Soldier understands and agrees that if he or she fails to meet these conditions, or is subsequently denied enrollment, or becomes an academic failure and does not meet graduation requirements, or is declared a No-show, the Soldier is subject to reduction under AR [Army Regulation] 140-158, paragraph 7-12d, to the grade and rank held prior to this promotion.  The Soldier further understands that if reduced, service performed in the higher grade will not be considered in determining retirement grade, date of rank, or any other determinations dependent on the higher grade."

5.  Orders, dated 19 May 2004, show the applicant was reduced from sergeant major to master sergeant effective 18 May 2004 under the provisions of Army Regulation 140-158, paragraph 7-12(d-g).    

6.  A DA Form 1059 (Service School Academic Evaluation Report), dated 21 May 2004, shows the applicant was disenrolled from the U.S. Army Sergeants Major Course due to retirement.

7.  On 17 June 2004, the applicant was assigned to the Retired Reserve in the rank of master sergeant.

8.  Army Regulation 140-158 (Army Reserve/Enlisted Personnel Classification, Promotion, and Reduction), in effect at the time, prescribed policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted Soldiers of the USAR.  Paragraph 1-14v of this regulation states that a Soldier will not be advanced or promoted as long as he or she is not a graduate of the NCOES course required for his or her current grade.    Paragraph 7-12d (failure to meet conditional promotion NCOES requirements) of this regulation states that a Soldier who accepts a promotion with the condition that he or she must enroll in, and successfully complete, a specified NCOES course, and fails to meet those conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a “No-Show,” will be reduced to the grade and rank held prior to the conditional promotion.  

9.  Paragraph 8-2a of Army Regulation 140-158 states that a Soldier must be a U.S. Army Sergeants Major Course graduate to be eligible for promotion to sergeant major.  

DISCUSSION AND CONCLUSIONS:

The applicant’s contention was carefully considered.  However, his promotion to sergeant major was contingent upon him completing the U.S. Army Sergeants Major Course.  His promotion effective date was 1 September 2001.  He was dismissed from the U.S. Army Sergeants Major Course due to retirement on 
21 May 2004 and he was assigned to the Retired Reserve effective 17 June 2004.  Therefore, he did not fulfill his promotion obligation to retain the rank of sergeant major and orders show he was properly reduced to master sergeant on 18 May 2004.  Therefore, there is an insufficient basis for granting the applicant's request.
 
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)                                         AR20100011832



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011832



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080010872

    Original file (20080010872.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 16 September 2008 DOCKET NUMBER: AR20080010872 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Paragraph 8-2d of this regulation states that a Soldier with the rank of staff sergeant must be a graduate of the BNCOC - Active Army, the BNCOC-RC; or the Special Forces Qualification Course; or one of the courses listed in 8-2c above. Since there is no evidence to show the applicant graduated from BNCOC, there is an insufficient basis for granting the applicant’s request.

  • ARMY | BCMR | CY2015 | 20150003271

    Original file (20150003271.txt) Auto-classification: Approved

    The applicant provides: * DD Form 214 for the period ending 4 May 2004 * Orders 03-065-00070 * DD Form 214, ending on 19 August 1995 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Army National Guard (ARNG) discharge orders * Retired Reserve orders * AHRC Form 249-2-E (Chronological Statement of Retirement Points) CONSIDERATION OF EVIDENCE: 1. With respect to the applicant's prior active service, the evidence of record shows he previously completed 13...

  • ARMY | BCMR | CY2008 | 20080018293

    Original file (20080018293.txt) Auto-classification: Denied

    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 | CY2013 | 20130009058

    Original file (20130009058.txt) Auto-classification: Approved

    The applicant states the reduction order is in error because she should not have been reduced to SPC in accordance with Army Regulation 140-158 (Army Reserve Enlisted Personnel Classification, Promotion, and Reduction), paragraph 7-12d (Failure to meet conditional promotion Noncommissioned Officer Education System (NCOES) requirements). Evidence shows her correct SSN is xxx-xx-3xxx. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2008 | 20080014338

    Original file (20080014338.txt) Auto-classification: Denied

    The applicant requests, in effect, his grade of rank of sergeant major (SGM)/pay grade E-9 be restored and that his retired pay records be corrected to show he was placed on the retired list as an SGM (the highest rank he held while on active duty) instead of master sergeant (MSG)/pay grade E-8. The applicant states, in effect, that he held the rank of SGM for almost four years prior to his retirement but his retired rank is listed as MSG. Evidence of record confirms the applicant held the...

  • ARMY | BCMR | CY2008 | 20080014443

    Original file (20080014443.txt) Auto-classification: Denied

    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 | CY2012 | 20120007044

    Original file (20120007044.txt) Auto-classification: Denied

    Orders, dated 3 October 2003, show he was reduced from SSG/E-6 to SGT/E-5 effective 3 October 2003 under the provisions of Army Regulation 140-158 (Army Reserve/Enlisted Personnel Classification, Promotion, and Reduction), paragraph 7-12d. On 15 October 2003, he was honorably discharged in the rank of SGT/pay grade E-5 for completion of required active service. No evidence shows he had a permanent profile due to any medical condition/injury prior to his discharge on 15 October 2003.

  • ARMY | BCMR | CY2002 | 2002071842C070403

    Original file (2002071842C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant provided a copy of his course completion certificate which shows that he completed Reserve Component BNCOC Phase I on 9 January 1994. The regulation stated that if the grade requires the soldier to be a graduate of BNCOC, the soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of BNCOC within 24 months of the...

  • ARMY | BCMR | CY2002 | 2002073835C070403

    Original file (2002073835C070403.rtf) Auto-classification: Approved

    On 17 April 2001, a colonel in the applicant's chain of command recommended that the applicant's request be approved and that he be enrolled in the next available ANCOC. On 13 August 2002, a major general -- the first GO in the applicant's chain of command -- stated in a memorandum provided to the ARPERSCOM that "I concur that [applicant's] deferment, if it were processed in April 2001, would have received my approval" and that "after a review of all of the available evidence, it is clear...

  • ARMY | BCMR | CY2004 | 20040009448C070208

    Original file (20040009448C070208.doc) Auto-classification: Approved

    On 22 June 2004, the HRC approved a request for exception to policy to reinstate the applicant's name to the promotion selection by-name-list and to subsequently promote him to SGT, with a retroactive DOR and effective date of 1 January 2004, granted he was otherwise eligible. Soldiers were allowed to compete for promotion to SGT, but could not be promoted to SGT until completion of PLDC. Had he not been erroneously removed, he would have been promoted to SGT in MOS 96B prior to being...