BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130019302 


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 reconsideration of his previous request for retroactive promotion to command sergeant major (CSM)/E-9 in the U.S. Army Reserve (USAR).

2.  The applicant states:

* He feels confident he was always well qualified for promotion to CSM and his track record clearly demonstrated his qualification
* There was a unpleasant conflict in 1991 when he was selected for the U.S. Army Sergeants Major Academy but withdrew because of unmanageable and uncontrollable testing 
* In November 1998 he was considered for promotion to CSM but his time in that unit was running out and he was given retirement orders 
* In December 1998 he received a phone call indicating he had been accepted for the CSM position but he could not accept the position due to bad timing – it conflicted with another job commitment 

3.  The applicant provides:

* Self-authored statement and 4 self-authored notes
* List of qualifications and accomplishments
* Two letters from the Sergeants Major Academy, dated 11 October 1991 and 17 October 1991
* Memorandum of request for promotion consideration to sergeant major (SGM), undated
* Order Number 296-00053, dated 23 October 1998
* DA Form 636 (Recommendation for Award), dated 26 August 1998
* Letter to the promotion board president, dated 21 April 1997 
* Letter of acceptance, dated 23 April 1997
* DA Form 2A (Personnel Qualification Record - Part I) (previously considered) 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120019015, on 18 April 2013.

2.  The applicant provided a self-authored statement and four self-authored notes, a list of qualifications and accomplishments, two letters from the Sergeants Major Academy, a memorandum of request for promotion consideration to SGM, orders, and a letter of acceptance as new evidence.  This evidence was not previously considered by the Board and, therefore, it warrants consideration.

3.  After having had previous enlisted service in the U.S. Marine Corps, he enlisted in the USAR on 7 April 1980.  He served through several reenlistments and in a variety of assignments.  During his military career he held military occupational specialties 71L (Administrative Specialist) and 11B (Infantryman).  He was promoted master sergeant (MSG)/E-8 on 9 April 1988.

4.  As stated in the previous Record of Proceedings (ROP), his DA Form 2-1 (Personnel Qualification Record – Part II) shows he completed the Reserve Component Primary Leadership Course, the Senior Reserve Component NCO Course, and the Advanced NCO Course. 

5.  He provided two letters from the Sergeants Major Academy, dated 
11 October 1991 and 17 October 1991.  These letters were sent to congratulate him on his selection to the academy and explain the course of study.  

6.  As stated in the previous ROP, in February 1994 he was transferred to Headquarters and Headquarters Company, 3rd Brigade, 75th Division (Exercise), where he performed duties as the operations sergeant.  

7.  He provided an undated memorandum wherein he requested the commander of the 75th Division consider him for promotion to SGM.

8.  He provided a letter he submitted to the Headquarters, Department of the Army CSM Selection Board, dated 21 April 1997.  He requested candidate consideration to fill a vacancy that had been announced by the CSM Selection Board.  He also submitted a statement of acceptance, dated 23 April 1997, indicating he would accept the position if he was selected by the board.

9.  As stated in the previous ROP, on 19 August 1998 the U.S. Army Reserve Personnel Command, St. Louis, MO, issued him a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).  

10.  He provided a DA Form 638, dated 26 August 1998 showing Permanent Orders Number 313-17, issued by Headquarters, 95th Division, Oklahoma City, OK awarded him the Meritorious Service Medal.  This award was a retirement award.

11.  He provided Orders Number 296-00053, issued by Headquarters, 90th Regional Support Command, North Little Rock, AR, on 23 October 1998.  These orders authorized him to proceed on temporary duty to Des Moines, IA for his 
E-8 retirement ceremony.  His will proceed dated was listed as 14 November 1998.

12.  As stated in the previous ROP:

	a.  On 29 December 1998, subsequent to his request, he was reassigned to the Retired Reserve.  He completed 21 years of qualifying service toward non-regular retirement.  

	b.  On 14 June 2005, the U.S. Army Human Resources Command, St. Louis, MO, published orders placing him on the Retired List in his retired grade of MSG (E-8) effective that year, on his 60th birthday.  

	c.  There is no indication in his records he was appointed to or performed duties as a company first sergeant.  Likewise, there is no indication in his records he completed the U.S. Army Sergeants Major Course or was recommended or selected for promotion to SGM or considered for appointment to CSM.  

13.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), in effect at the time, prescribes policy and procedures governing the classification, advancement, promotion, reduction, and grade restoration of USAR Soldiers.  Chapter 6 concerns the USAR CSM program.  

	a.  Paragraph 1-8(b) states promotions to corporal through SGM will be announced in orders.  Orders may be issued for promotion to sergeant and above before the effective date of assignment to a position authorized the Soldier’s grade.  This is provided:  (1) The promotion requires reassignment to a command authorized the Soldier’s grade; (2) The effective date of the reassignment will not exceed 90 days from the date of the promotion order, except for promotions under the provisions of chapter 4; (3) The date of rank (DOR) for troop program unit (TPU) promotions under chapter 3 will be the date the promotion order is published and the DOR for Active Guard Reserve, Individual Mobilization Augmentees, and Individual Ready Reserve promotions under chapters 4 and 5 will be according to the sequence number on the promotion selection list.

	b.  Paragraph 1-8(b)(1), conditional promotion to SGM, states this promotion is awarded with the condition the Soldier must be enrolled in, and successfully complete, the U.S. Army Sergeants Major Course (SMC) within 36 months from the effective date of this order under the SMC corresponding studies, or within 
18 months from the effective date of the order under the SMC resident course.  The Soldier understands and agrees that if he or she fails to meet these conditions, or is subsequently denied enrollment, or 1 becomes an academic failure, or does not meet graduation 1 requirements, or is declared a "No-Show," the Soldier is subject to reduction 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 for retirement, date of rank, or any other determinations dependent on the higher grade.

	c.  Paragraph 3-3 (Consolidates selection and promotion authority and procedures) states since promotions to SFC, MSG, and SGM are based on requirements within a geographical area, the senior NCO promotion system is more effective where consolidated selection boards and recommended lists are established. 

	d.  Paragraph 3-38 (Promotion to SFC, MSG, and SGM) states the senior enlisted selection and promotion system outlined in this section prescribes the policy and procedures governing the promotion of TPU Soldiers to SFC, MSG, and SGM.  

		(1)  Paragraph 3-28a states the selection and promotion process for senior enlisted grades is centralized at Army Reserve Command, USAR General Officer Command, or Reserve Support Command headquarters and general officer commands outside the continental United States. 

		(2)  Paragraph 3-28b states senior enlisted promotions result when data is provided to the promotion authority that reflects requirements based on current and projected position vacancies; the promotion authority announces the convening date of the selection board, location and description of current and projected position vacancies, zones of consideration for promotion selection, and administrative instructions; personnel records of Soldiers within the zone of consideration are reviewed by the board; the board selects the best qualified Soldiers to fill required positions and the names are placed on a selection list.  As position vacancies occur, Soldiers are promoted off the list in sequence by MOS and geographical location.

		(3)  Paragraph 3-28(d) states the enlisted promotion system is a function of the overall enlisted personnel management system.  An important factor for the management of these systems is the command cumulative vacancy accountability.  Promotions may not exceed the cumulative vacancies for that pay grade as computed per paragraph 3-4 of this regulation. 

	e.  Paragraph 6-24 (Promotion to SGM under the USAR CSM program) states a 1SG or MSG, in one of the categories cited below, may be considered by a USAR CSM selection board for selection as a CSM designee:  (1) on a promotion selection list for promotion to SGM; or (2) assigned to a USAR TPU, not on a promotion list, but is otherwise eligible for promotion consideration per paragraph 3–31 without a waiver.  A Soldier who has been selected by the USAR CSM selection board is identified on a list issued by the Department of the Army Secretariat as a CSM designee pending assignment to a CSM duty position.

14.  In 1991, Department of the Army linked the NCO Education System (NCOES) to promotions, requiring graduation from the appropriate level of NCOES as a prerequisite for promotion.  In October 1993, the Deputy Chief of Staff for Personnel modified that requirement for Soldiers selected for promotion to SGM and in August 1994 modified the requirement for all NCO grades.  Those modifications allowed conditional promotion until completion of the appropriate NCOES, and stated that the conditional promotion would be revoked if the Soldier failed to complete the appropriate NCOES.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record does not contain and he has not provided any evidence showing he completed the Sergeants Major Course.

2.  Promotions to SGM/CSM are required to be announced in orders.  Additionally, the Soldier must complete the Sergeants Major Course; however, the applicant admitted to withdrawing from this course.

3.  The additional evidence he provided attesting to his qualifications is insufficient evidence to overcome the fact that he was not selected for promotion to E-9 and that he never completed the required military education.

4.  Based on the foregoing, there is insufficient evidence to grant 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 to amend the decision of the ABCMR set forth in Docket Number AR20120019015, dated 18 April 2013.



      _______ _ 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)                                         AR20130019302





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ABCMR Record of Proceedings (cont)                                         AR20130019302



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