BOARD DATE: 7 January 2015
DOCKET NUMBER: AR20140005409
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 promotion to sergeant first class (SFC) (E-7).
2. The applicant states he was due for promotion in 1991. He served in Saudi Arabia from 1990 through 1991 as the Enclosure Food Service Sergeant and was responsible for 3000 prisoners.
3. The applicant provides a copy of a DD Form 215 (Correction to the DD Form 214, Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant, with 1 year, 7 months, and 25 days of prior Navy enlisted active duty and 18 years, 8 months, and 29 days of U.S. Army Reserve (USAR) and Army National Guard (ARNG) service, enlisted in the USAR on 10 May 1990 as a staff sergeant, E-6.
3. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged from the ARNG in the rank and pay grade of sergeant, E-5. However, his discharge orders show he was discharged as a staff sergeant, E-6.
4. He was called to active duty in support of Operation Desert Shield/Desert Storm, as a staff sergeant, on 6 December 1990. He served in Saudi Arabia from 13 January 1991 to 16 May 1991 as a food service specialist and was released from active duty on 11 June 1991.
5. His 1991 Noncommissioned Officer Evaluation Report shows
* rank and pay grade of staff sergeant , E-6
* assignment with the 403rd Military Police Prisoner of War (POW) Camp as the supervisor of all POW mess facility equipment
* the rater marked him as fully capable
* the senior rater rated him in the lowest of the successful blocks for performance and potential
6. In October 1992 he was dropped from the Basic Course Noncommissioned Officers (BNOC) (Reserve Component (RC)) due to academic failure.
7. The applicant successfully completed BNOC (RC) on 17 June 1994.
8. He was involuntarily transferred to the Retired Reserve due to maximum length of service on 12 March 1996.
9. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) prescribe policy and procedures governing the classification, advancement, promotion, reduction, and grade restoration of applicable USAR Soldiers. Selection and promotion process for senior enlisted grades is a centralized process. Eligibility requirements for SFC are
* Be a high school diploma graduate or general education development (GED) equivalent
* have 21 months time in grade as a SSG
* have 11 years time in service
* be a graduate of the Noncommissioned Officer Education System (NCOES) or the equivalency required for the next higher grade (nonwaivable)
10. The NCOES courses required for SFC are Basic Non-Commissioned Officers Course (BNCOC) (now called the Advanced Leader Course) and Advanced Non-Commissioned Officers Course (ANCOC) (now called the Senior Leader Course).
DISCUSSION AND CONCLUSIONS:
1. The applicant has not provided and the record contains no evidence to show that the applicant was recommended or considered for promotion to sergeant first class.
2. The applicant met all requirements for promotion consideration to SFC at the time he was mobilized in 1990 except he had not completed either BNCOC or ANCOC. He did not complete BNCOC until June 1994.
3. Without completion of these two courses, the applicant was not eligible for promotion.
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) AR20140005409
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ABCMR Record of Proceedings (cont) AR20140005409
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