IN THE CASE OF:	  

		BOARD DATE:  10 May 2012

		DOCKET NUMBER:  AR20110021880 


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 correction of his military records by voiding his reduction in rank to sergeant (SGT), pay grade E-5.

2.  The applicant states he was demoted from staff sergeant (SSG), pay grade E-6 to SGT, pay grade E-5 because he did not complete the Warrior Leadership Course (WLC) requirement in his allotted time.  He contends that he was suffering from post traumatic stress disorder (PTSD) and was being treated at a Department of Veterans Affairs medical center (VAMC) twice a week.  He further states that he is still being treated for PTSD as a service connected disability.

3.  The applicant provides copies of:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 2 March 2009
* DA Form 4872 (Certificate of Promotion) to SSG, 8 February 2009
* Orders 09-035-0004, Multi-National Security Transition Command - Iraq, dated 8 February 2009
* Letter, commanding General, Multi-National Security Transition Command - Iraq, dated 9 February 2009

CONSIDERATION OF EVIDENCE:

1.  On or about 13 February 2008, the applicant, an enlisted member of the U.S. Army Reserve (USAR) was ordered to active duty in support of Operation Iraqi Freedom.
2.  Orders 09-035-0004, Multi-National Security Transition Command - Iraq, dated 8 February 2009, announced the promotion of the applicant from sergeant to SSG with an effective date and date of rank of 8 February 2009.

3.  On or about 8 February 2009, the applicant redeployed from Iraq to the U.S.

4.  On 9 February 2009, the applicant's commanding general wrote a letter to him congratulating him on his promotion to SSG.

5.  Orders 042-2243, Fort Benning, Georgia, dated 11 February 2009, released the applicant from active duty and reassigned him to the USAR for duty with a troop program unit, effective 2 March 2009.

6.  DA Form 2166-8 (NCO Evaluation Report (NCOER)) for the period from 12 January 2009 to 11 January 2010 indicates that the applicant was currently enrolled in college, working on his associate degree in liberal arts and science.  The report also stated that he needed to complete WLC and enroll in the Basic Noncommissioned Officer Course (BNCOC) prior to the end of the next rating period.

7.  Orders 10-279-00007, Fort Dix, New Jersey, dated 6 October 2010, announced the applicant's reduction in rank and pay grade to SGT, pay grade 
E-5, effective 15 October 2010.  His date of rank for SGT was 24 August 2007.  The authority for this action was Army Regulation 600-8-19, paragraphs 10-16, 10-17, and 10-18 (a, c, d, e, g, h).

8.  DA Form 2166-8 (NCOER) for the period from 12 January 2010 to 11 January 2011 indicates that the applicant was reduced to SGT, pay grade E-5 during the rating period for inefficiency.  He had failed to maintain eligibility for attendance at the Noncommissioned Officer Educational System (NCOES) course(s) for his pay grade.

9.  The applicant's service medical records were not available for review.

10.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes
policies and procedures governing promotion and reduction of Active and Reserve Army enlisted personnel

	a.  Paragraph 1-27 (NCOES Requirement for Promotion and Conditional Promotion) requires that Soldiers must be WLC graduates or equivalent for recommendation to SSG. Soldiers subsequently integrated on to the SSG list or selected and promoted to SSG, with a waiver, must complete the WLC within 270 days of their redeployment (date returns to home station) or release (to duty) from the Warrior Transition Units (WTU). Failure to successfully complete the WLC within 270 days of redeployment or release from the WTU will result in administrative reduction to SGT or removal from the SSG list, unless the timeframe is extended by the Deputy Chief of Staff, G-1 (Personnel Officer).

	b.  Paragraph 10-16 (Reductions for Failure to complete Training) provides that Soldiers conditionally promoted in accordance with paragraph 1–27 of this regulation are administratively reduced to the grade previously held upon failure to complete the training requirement established in that provision.

	c.  Paragraph 10–18. (Failure to Complete or Attend NCOES) provides that Soldiers who fail to successfully complete, fail to remain eligible to be scheduled for or attend, who are denied enrollment in, or who do not attend their scheduled NCOES class (through fault of the Soldier) will be administratively reduced or removed from the promotion list. Soldiers will only be reduced when NCOES is required for his/her current grade.  The effective date of administrative reduction is the date of the action that caused the Soldier to be ineligible to retain the promotion.  The DOR will be the previous DOR held at the reduced grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by voiding his reduction in rank to sergeant (SGT), pay grade E-5 because he was being treated at a VAMC twice a week

2.  The evidence of record clearly shows that the applicant was promoted to SSG while deployed to Iraq.  He redeployed on or about 8 February 2008 and had 270 days in which to complete the required NCOES course so as to retain his promotion to SSG.  

3.  The applicant's NCOER ending in 2011 reports that he was reduced for inefficiency and failure to remain eligible for attendance at the required NCOES course for his pay grade.

4.  The applicant has argued that he was and still is suffering from PTSD.  He further contends that this medical condition was the cause for his failure to complete the required training.  However, he has not provided any documentation from his service medical records or from the VAMC to corroborate his arguments

5.  In view of the above, there is no evidence of error or injustice.  Accordingly, 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)                                         AR20110021880





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ABCMR Record of Proceedings (cont)                                         AR20110021880



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