IN THE CASE OF: 

		BOARD DATE:	    17 June 2014

		DOCKET NUMBER:  AR20130014059 


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 record to show he was placed on the retired list in the rank/grade of sergeant major (SGM)/E-9 due to permanent physical disability.

2.  The applicant states:

   a.  He was on the promotion list for SGM during his last deployment to Iraq in 2007-08, and he completed Phase I of the U.S. Army Sergeants Major Course (USASMC) while deployed.  Due to his service-connected medical conditions received in Iraq, he was not capable of performing Phase II and elected to decline to attend.

   b.  He was advised to write a letter to discontinue the USASMC or he may have been forced to leave the Army National Guard (ARNG), so he did so.  He was still on the SGM promotion list when his Medical Evaluation Board (MEB)/Physical Evaluation Board (PEB) process began in early 2011; however, after two years of the MEB/PEB process, he learned he was removed from the promotion list and told he does not meet the criteria for promotion.
   
   c.  He further states he spent two years completing Phase I of the USASMC and he would not have quit lacking only a two-week course if the circumstances were different and he was in good health with no injuries.  His medical issues were the reason he was unable to attend Phase II of the USASMC and he asks the Board to consider the situation as no fault of his own and allow him to medically retire after more than 28 years of service as a SGM.   
3.  The applicant provides:

* a self-authored statement
* Promotion Eligibility Roster
* Enlisted Promotion Point Worksheet
* 4 memoranda
* ARNG Senior Enlisted Worksheet
* Numerous documents in support of the Department of Veterans Affairs (VA) Rating Decision
* MEB Proceedings
* Informal PEB Proceedings
* 4 pages of electronic mail
* DA Form 3349 (Physical Profile)
* Orders D162-08

CONSIDERATION OF EVIDENCE:

1.  Having prior service in the ARNG, the applicant enlisted in the ARNG on       22 March 1991.  Evidence shows he was promoted to the rank of master sergeant (MSG) on 8 February 2003.  

2.  Evidence contained in the applicant's records show he served in Southwest Asia from 24 March to 18 November 2003 and 24 January to 6 October 2008, in support of Operation Iraqi Freedom.  

3.  His records contain a memorandum, issued by the Adjutant General, Oklahoma ARNG, dated 8 March 2011, which states based on a thorough review of his most recent physical profile dated 4 October 2009, and all pertinent records and reports, a Military Occupational Specialty (MOS) Medical Retention Board determined he should not be retained in his MOS of 91Z (Mechanical Maintenance Supervisor) and he was referred to the non-duty PEB.

4.  Evidence contained in the applicant's records shows he was selected for retention in the OKARNG by the Fiscal Year (FY) 2011 and FY 2013 Qualitative Retention Boards.

5.  On 16 July 2013, the applicant was placed on the temporary disability retired list, honorably discharged from the ARNG, and assigned to the U.S. Army Reserve Control Group (Retired) in the rank of MSG.   

6.  Evidence obtained from the OKARNG states the applicant was enrolled in and attending the USASMC 2009; however, he requested to withdraw from the course on 14 December 2009 due to personal and temporary medical reasons.  
7.  The applicant provides evidence which appears to indicate he was under consideration for promotion to the rank/grade of SGM/E-9 during the SGM Promotion Board conducted 11-12 January 2012, at the Regional Training Institute in Oklahoma City, OK.

8.  There is no evidence in the applicant's records and he provides no evidence that shows he successfully completed the USASMC or was subsequently promoted to the rank/grade of SGM/E-9.

9.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 7-20h states, "For consideration for promotion to SGM, including concurrent appointment to command sergeant major individuals who are not graduates of the USASMC must be eligible to attend and complete the course.  This includes the time in service requirements before maximum age or maximum years of service.  Soldiers who were selected to attend but did not complete the course for any reason other than hardship are not eligible to attend the course again and, therefore, are not eligible for consideration or promotion to SGM.  This criterion is not waivable, and exceptions to policy will not be considered."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show he was placed on the retired list in the rank/grade of SGM/E-9 due to permanent physical disability has been carefully examined.

2.  By the applicant's own admission, he withdrew from the USASMC and he provides no evidence that shows he successfully completed the USASMC or was subsequently promoted to the rank/grade of SGM/E-9.

3.  The applicant contends he withdrew from the course based on the service-connected medical conditions he received serving in Iraq; however, evidence shows he withdrew from the course due to personal and temporary medical reasons.

4.   In view of the foregoing, he is not entitled to the requested relief.








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)                                         AR20130014059





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ABCMR Record of Proceedings (cont)                                         AR20130014059



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