IN THE CASE OF:
BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100016621
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 Headquarters, 70th Regional Support Command, Order 00-290-49, dated 8 November 2000, be removed from his official military personnel file (OMPF).
2. He states he was promoted to sergeant first class (SFC)/E7 on 30 June 1998 contingent upon enrollment in the Noncommissioned Officer Education System (NCOES) within 12 months of the effective date of promotion and completion within 24 months. He completed his NCOES Advanced Noncommissioned Officer Course (ANCOC) Phases I and II within the required period. Two years after his promotion, orders were published and placed in his OMPF demoting him from SFC to staff sergeant (SSG)/E-6.
3. The applicant provides:
* Headquarters, 70th Regional Support Command, Order 98-177-034, dated 26 June 1998
* DA Form 1059 (Service School Academic Evaluation Report), dated 23 July 1999
* DA Form 1059, dated 20 August 1999
* Headquarters, 70th Regional Support Command, Order 00-290-49, dated 8 November 2000
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 25 February 1984 and he is currently serving in the USAR.
2. Headquarters, 70th Regional Support Command, Order 98-177-034, dated 26 June 1998, shows he was promoted to SFC/E-7 effective 30 June 1998. The orders indicated, in pertinent part, Soldiers must enroll in the appropriate NCOES within 12 months and complete it within 24 months of the effective date of promotion.
3. A DA Form 1059, dated 23 July 1999, shows he completed the ANCOC-Reserve Component (RC) 99-007 Phase I Course on 23 July 1999.
4. A DA Form 1059, dated 20 August 1999, shows he completed the Traffic Management Coordinator ANCOC RC 001-99 Phase II Course on 20 August 1999.
5. The applicant's OMPF contains Headquarters, 70th Regional Support Command, Order 00-290-49, dated 8 November 2000, which shows he was reduced from the grade and rank of SFC/E-7 to SSG/E-6 for failure to meet conditional promotion NCOES requirements by the effective date of 8 November 2000.
6. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) prescribes policy and procedures governing the classification, advancement, promotion, reduction, and grade restoration applicable to USAR Soldiers.
a. Chapter 7 outlines policy and procedures governing grade reduction and restoration of USAR Soldiers. It states that a Soldier who accepts a promotion with the condition that he/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.
b. Chapter 8 governs promotions and the NCOES. It states that NCOES courses are progressive and parallel the Army NCO rank structure. Therefore, an NCO must be a graduate of the educational course required by the NCOES for his/her current grade. A Soldier who has been conditionally promoted must be enrolled and graduated from the NCOES course within the specified period of time. A Soldier must be enrolled in ANCOC within 12 months of the date of promotion and be a graduate of that course within 24 months of the Phase I completion date. A conditionally-promoted Soldier will be authorized a delay for enrollment or completion of a required NCOES course when that Soldier is ill or injured to a degree that prevents enrollment or course completion. A Soldier with the rank of SFC/E-7 must be a graduate of:
(1) the Basic Noncommissioned Officer Course (BNCOC)-Active Component (AC). This includes the resident or non-resident course, or completion of an MOS-specific Army Correspondence Course Program for the ANCOC-AC, or
(2) the BNCOC-RC, or
(3) the Special Forces Qualification Course, or
(4) the ANCOC-AC or ANCOC-RC.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to the rank and grade of SFC/E-7 effective 30 June 1998 contingent upon his enrollment in NCOES within 12 months and completion within 24 months. The evidence of record shows he completed ANCOC Phase I on 23 July 1999 and Phase II on 20 August 1999. These courses were well within the time requirements contingent upon his promotion to SFC.
2. Order 00-290-49, Headquarters, 70th Regional Support Command, dated 8 November 2000, contained on his OMPF shows he was erroneously reduced from SFC/E-7 to SSG/E-6 for failure to meet conditional promotion NCOES requirements. Therefore, the order should be revoked and removed from the applicant's OMPF.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. revoking Headquarters, 70th Regional Support Command,
Order 00-290-49, dated 8 November 2000;
b. removing Order 00-290-49 from his OMPF; and
c. not filing the revocation order in his OMPF.
___________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) AR20100016621
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016621
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080014443
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 | CY2004 | 20040011259C070208
The applicant provides her Active Guard Reserve assignment orders; her email notification of selection for promotion; a Personnel Action (DA Form 4187) requesting deferment of ANCOC with an attachment; a Personnel Action requesting to attend Service School; a Personnel Action requesting separation; her Request and Authority for Leave (DA Form 31); e-mails regarding her expiration of term of service (ETS) paperwork, rank reduction, and service member assistance; an amendment to reduction...
ARMY | BCMR | CY2001 | 2001065963C070421
The applicant states that he completed Phase I of ANCOC on 23 April 1995; however, his unit administrator (UA) failed to schedule him for Phase II of ANCOC. He is now requesting that he be rescheduled to attend ANCOC and complete Phase I and II with restoration of his rank of SFC or be scheduled to attend only Phase II of ANCOC. The commander requested a waiver of one-year time requirement for completion of ANCOC following the applicant's conditional promotion with the provision that he be...
ARMY | BCMR | CY2008 | 20080018293
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 | CY2014 | 20140019517
The applicant states, in effect, that he was promoted to the pay grade of E-7 on 1 June 1998 and on 11 August 1998, his promotion was unjustly revoked. Notwithstanding the NGB advisory opinion, evidence shows that the applicant did not meet the NCOES requirement for promotion to SFC as an AGR Soldier at the time he entered the AGR Program or at any time thereafter. When he entered the AGR Program in 1985 he was required to have completed either AC-ANCOC or both the RC Advanced Course...
ARMY | BCMR | CY2008 | 20080016275
The evidence of record shows that the applicant was promoted to SSG on 1 September 2002. He was accordingly scheduled to attend BNCOC; however, due to his surgery, he requested a deferment in July 2003 of his August 2003 BNCOC class. However, he provided no evidence to show he informed anyone between November 2003 and August 2004 (when he deployed) that he was medically cleared to attend BNCOC.
ARMY | BCMR | CY2001 | 2001062727C070421
The opinion states that applicant’s records clearly indicate the current DA Form 1059, dated 17 June 1999, which shows that the applicant failed to achieve course standards. The opinion determined that the applicant should not have his rank restored until that office could be provided with a corrected copy of the DA Form 1059, showing that he successfully completed ANCOC. The evidence of record also shows that the applicant appeared before a board of officers who found insufficient...
ARMY | BCMR | CY2002 | 2002074341C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, if proper procedures were followed in accordance with Army Regulation 140-158, he would be attending ANCOC in the rank of SFC. It states, in pertinent part, that when a soldier fails to complete a required NCOES course, the soldier's name will be removed from a promotion list, and if conditionally promoted, the soldier will be reduced in accordance with paragraph 7-12d.
ARMY | BCMR | CY2015 | 20150001605
The applicant requests, in effect, promotion to sergeant first class (SFC)/E-7 in the U.S. Army Reserve (USAR). He was promoted to SFC in MOS 35W (Electronic Warfare Signal Intelligence Specialist) on 31 December 1999 and there was no second phase at that time period for MOS 35W. The applicant provides: * promotion and reduction orders * Enlisted Record Brief * certificate of training and completion of Phase I ANCOC diploma * USAR Discharge Orders CONSIDERATION OF EVIDENCE: 1.
ARMY | BCMR | CY2002 | 2002069036C070402
This policy stated that soldiers, who have not yet attended ANCOC prior to their effective date of promotion to SFC, would be promoted "conditionally." The evidence of record shows that the applicant was administered an APFT on 11 April 2000, for preenrollment at ANCOC and failed the push-up event, which precluded him from attending ANCOC. The applicant's case was reviewed by the USAR AGR Enlisted Reduction Panel, which determined that the applicant should be reduced in rank for failing to...