BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130019749 


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 final active duty pay grade and his retired pay grade.

2.  He states:

	a.  He was an exemplary special forces (SF) Soldier, to the extent that he served as a sergeant first class (SFC)/E-7 SF team sergeant while in combat.  At the time, he was the only SFC in this role in the 5th SF Group (Airborne).  The symptoms and effects of post-traumatic stress disorder (PTSD) and severe depression on his career were substantial.  He went from being sought after for his insight and experience to being shunned and ostracized on a daily basis, with the last year of his career being the worst.

	b.  He is not making excuses for his behavior.  He understands the need for good order and discipline in the Army.  The Army was his life for his entire adult life and all he wanted to do was retire with honor.  With the symptoms of PTSD and depression taking over every aspect of his life, he could not function in any form, to include being a father to his children.  He isolated himself to keep everyone from seeing what he had become.  This led to the incident that caused his reduction in rank.

3.  He cites Army Regulation 15-80 (Army Grade Determination Review Board (AGDRB) and Grade Determinations), which states that circumstances pertinent to whether service in a grade is found satisfactory include medical reasons that may have been a contributing or decisive factor in a reduction in grade, misconduct, or substandard performance.

4.  He provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  On 2 July 1991, the applicant enlisted in the Regular Army.  Effective 1 March 2004, he was promoted to SFC/E-7 in military occupational specialty 18E (SF Communications Sergeant).

2.  His records show he was deployed during the period 2000 to 2006 as follows:

* Kosovo – 15 June 2000-8 February 2001
* Afghanistan – 13 October 2001-12 March 2002
* Kuwait/Iraq – 24 January-21 May 2003
* Iraq – 11 February-20 July 2004 and 13 June 2005-28 January 2006

3.  His noncommissioned officer evaluation reports (NCOER's) for rating periods ending June 2004, June 2005, June 2006, 31 July 2007, 31 January 2008, and 22 January 2009 show his raters considered his overall potential for promotion and/or service in positions of greater responsibility to be "Among the Best."

4.  His NCOER for the period ending 22 January 2010 shows his rater considered his overall potential for promotion and/or service in positions of greater responsibility to be "Marginal."  He received "Needs Improvement (Much)" ratings in the categories of "Physical Fitness and Military Bearing" and "Leadership."  His rater noted:

* he failed the Army Physical Fitness Test (APFT)
* he failed to meet height/weight standards
* his appearance and bearing did not meet that of an SF NCO
* he was relieved by the Battalion Command Sergeant Major for failure to support a training group initiative
* his uncooperative, abusive, and non-supportive attitude were unbecoming of a senior NCO
* he failed to set a proper example for students and was removed from instructor duties

5.  His NCOER for the period ending 15 July 2010 shows his rater considered his overall potential for promotion and/or service in positions of greater responsibility to be "Marginal."  He received "Needs Improvement (Much)" ratings in the categories of "Physical Fitness and Military Bearing" and "Leadership."  His rater noted:

* he had failed the APFT but was making progress
* he had failed to meet height/weight standards, but had made satisfactory progress in the weight control program
* he failed to set a proper example for students, which resulted in not being permitted to perform instructor duties

6.  On 31 July 2011, he retired after completing 20 years and 29 days of net active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he retired in the rank and pay grade of staff sergeant (SSG)/
E-6 with an effective date of pay grade of 14 December 2010.  The Army Commendation Medal with "V" Device is among the decorations listed on his DD Form 214.

7.  His records are void of documentation showing the specific reason(s) for his reduction to SSG.

8.  His records are void of documentation showing he was diagnosed with PTSD during his active duty service and he has not provided such documentation.

9.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), chapter 10 (Reductions in Grade), provides the authority for reduction of enlisted Soldiers and lists the rights and procedures applicable to reductions for various reasons.  Table 10-1 lists the reduction authorities for the enlisted grades.  Reduction from SFC may only be accomplished by commanders of organizations authorized a commander in the rank and pay grade of colonel/O-6 or higher.

10.  Army Regulation 15-80 establishes policies, procedures, and responsibilities of the AGDRB and other organizations delegated authority to make grade determinations on behalf of the Secretary of the Army.

	a.  Paragraph 2-3 states most grade determinations do not require action by the AGDRB or the exercise of discretion by other authorities because they are automatic grade determinations that result from the operation of law and this regulation.  For example, under Title 10, U.S. Code, section 3961(b), an enlisted Soldier will normally retire in the grade held on the date of retirement.

	b.  Paragraph 2-4 states a grade determination is an administrative decision to determine appropriate retirement grade, retirement pay, or other separation pay.  Although a lower grade determination may affect an individual adversely, it is not punitive.  The AGDRB will consider each case on its own merits.  Generally, determination will be based on the Soldier's overall service in the grade in question, either on active duty or other service qualifying the Soldier for service/physical disability retirement, receipt of retired pay, or separation for physical disability.  Circumstances pertinent to whether such service is found satisfactory include but are not limited to medical reasons that may have been a contributing or decisive factor in a reduction in grade, misconduct, or substandard performance.

	c.  Paragraph 3-2 states Title 10, U.S. Code, section 3964, entitles certain retired members of the Army who are retired with fewer than 30 years of active service to be advanced on the Retired List to the highest grade served on active duty satisfactorily when such member's active service plus service on the Retired List totals 30 years.  Thirty-year cases are the only types of grade determinations that can be initiated by the individual concerned.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was reduced to SSG/E-6 effective 14 December 2010 and held that rank/grade when he retired.  Under the governing statute, he was properly retired in that rank/grade.

2.  He contends that symptoms of PTSD and depression led to an incident that caused his reduction from SFC to SSG.  Unfortunately, his records do not show that he was diagnosed with PTSD or depression and he has not provided documentation showing he has been diagnosed with these conditions.  Further, the evidence of record does not show the reason for his reduction to SSG, though it does show a precipitous decline in his performance as an SFC in the 2 years prior to his reduction.

3.  In the absence of documentary evidence indicating an error or injustice in his reduction to SSG, it must be presumed that the reduction was accomplished in accordance with the applicable regulation.  As such, there is no basis upon which to grant the relief he requested.

4.  Approval of a recommendation to deny relief in this case in no way affects the applicant's right to submit a request for review by the AGDRB under the 30-year criteria established in law.  He will become eligible to apply for this review in 2021.



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 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)                                         AR20130019749



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ABCMR Record of Proceedings (cont)                                         AR20130019749



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