BOARD DATE:	  4 March 2014 

		DOCKET NUMBER:  AR20130009058 


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:

	a.  correction of Orders Number A-086-07, dated 27 March 2002, issued by Headquarters (HQ), 108th Division (Institutional Training (IT)), Charlotte, NC, to show her social security number (SSN) as xxx-xx-3xxx instead of xxx-xx-9xxx and to show she was reduced to the rank and grade of sergeant (SGT)/E-5 instead of specialist (SPC)/E-4;

	b.  revocation of Orders Number 06-263-00101, dated 20 September 2006, issued by HQ, 81st Regional Readiness Command (RRC), Birmingham, AL, based on the correction of Orders Number A-086-07, dated 27 March 2002, issued by HQ, 108th Division (IT); and

	c.  back pay and allowances as a result of the correction of Orders Number 
A-086-07, dated 27 March 2002.

2.  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).  She contends that upon reviewing her records in preparation for retirement, her unit found errors pertaining to her reduction to SPC.  She adds that she is due back pay because of the erroneous reduction order and because she continued outstanding dedication to duty despite reduction to SPC.
3.  The applicant provides:

* Order Number 138-3, dated 18 May 1995, issued by HQ, Professional Development (PD) Brigade, Charlotte, NC
* Orders Number A-086-07, dated 27 March 2002, issued by HQ, 108th Division (IT), Charlotte, NC
* Orders Number 06-263-00101, dated 20 September 2006, issued by HQ, 81st RRC, Birmingham, AL

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 September 1983.  Her 
DD Form 4 (Enlistment/Reenlistment Document) shows her SSN as xxx-xx-3xxx.

2.  On 16 December 1985, she was released from active duty and transferred to the U.S. Army Reserve (USAR) in the rank and grade of SPC/E-4.  She was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows her SSN as xxx-xx-3xxx.  She continued to serve in the USAR through a series of reenlistments.

3.  Orders Number 138-3, dated 18 May 1995, issued by HQ, PD Brigade, Charlotte, NC, promoted her to the rank and grade of SGT/E-5 effective 18 May 1995.

4.  Orders Number 091-7, dated 1 April 1999, issued by HQ, 6th Brigade (PD), 108th Division (IT), promoted her to the rank and grade of staff sergeant (SSG)/E-6 effective 1 April 1999.  The additional instructions section of the orders indicates the promotion was awarded with the condition that the Soldier successfully complete the NCOES course required for the grade to which promoted and that failure to meet the condition would result in reduction to the previously-held rank and grade.

5.  Orders Number A-086-07, dated 27 March 2002, issued by HQ, 108th Division (IT), directed her reduction in rank and grade from SSG/E-6 to 
SPC/E-4 effective 1 April 2002.  The authority for the reduction was Army Regulation 140-158, paragraph 7-5b(2) (reductions for reasons other than inefficiency, unsatisfactory participation, voluntary reduction, failure to meet conditional promotion requirements, or failure to complete schooling).  The additional instructions sections of these orders contain the following statement:  "Soldier served in a defacto status from 1 April 1999 to 31 March 2002."  These orders show her SSN as xxx-xx-9xxx.

6.  The facts and circumstances surrounding her reduction to SPC are not available.

7.  Orders Number 06-263-00101, dated 20 September 2006, issued by HQ, 81st RRC promoted her from the rank and grade of SPC/E-4 to SGT/E-5 effective 
21 August 2006.

8.  She was transferred to the Retired Reserve on 17 September 2013 in the rank and grade of SGT/E-5.

9.  There is no evidence indicating she completed the basic noncommissioned officer course (BNCOC).

10.  A review of several documents in her Army Military Human Resource Record confirms that her correct SSN is xxx-xx-3xxx.

11.  Army Regulation 140-158, paragraph 7-12d of the regulation in effect at the time, provided 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.

12.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, stated that effective 1 October 1993, the Army linked NCOES to promotions from SSG through sergeant major (SGM).  For promotion to SSG, a Soldier is required to be a graduate of BNCOC.  Soldiers selected for promotions from SSG through SGM but who had not met the NCOES requirement for their rank would be promoted conditionally.  Soldiers who failed to successfully complete or did not attend their scheduled NCOES class would be administratively reduced and removed from the promotion list.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Orders Number A-086-07, dated 27 March 2002, issued by HQ, 108th Division (IT), should be corrected to show her correct SSN and to show she was reduced to the rank and grade of SGT/E-5 instead of SPC/E-4, in accordance with Army Regulation 140-158, paragraph 7-12d has been carefully considered.

2.  Evidence shows her correct SSN is xxx-xx-3xxx.  However, her SSN was recorded as xxx-xx-9xxx in the above mentioned orders.  Therefore, these orders should be amended to show her correct SSN.

3.  Evidence shows she was reduced from SSG/E-6 to SPC/E-4 under the authority of Army Regulation 140-158, paragraph 7-5b(2) for reasons other than failure to meet conditional promotion requirements or failure to complete schooling.  The orders indicate that she was not reduced under the authority of paragraph 7-12d of the above-mentioned regulation based on not completing the required NCOES course, which required reduction to the rank held prior to the conditional promotion, in her case, the rank of SGT.

4.  The facts and circumstances surrounding her reduction to SPC are not available.  The applicant stated that her unit found errors pertaining to her reduction to SPC; however, she has not presented any evidence (such as an affidavit from her former chain of command explaining how the reduction occurred and whether or not the reduction in two grades was erroneous) to show that her reduction to SPC was in error or that an injustice has occurred.  In the absence of corroborating evidence, it appears that her promotion and reduction were conducted in accordance with Army regulations and policies.  Therefore, there is no basis to amend Orders Number A-086-07 to show SGT/E-5 or revoke Orders Number 06-263-00101 at this time.  As such, she is not entitled to any back pay and allowances. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  ___x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Orders Number A-086-07, dated 27 March 2002, issued by HQ, 108th Division (IT), to show her SSN as shown on her DD Form 214 for the period ending 16 December 1985.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending Orders Number 
A-086-07, dated 27 March 2002, to show she was reduced to the rank of SGT, revocation of Orders Number 06-263-00101, and paying her back pay and allowances.



      __________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)                                         AR20130009058



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ABCMR Record of Proceedings (cont)                                         AR20130009058



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