BOARD DATE:	  6 January 2015

		DOCKET NUMBER:  AR20140008454 


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, in effect, that his promotion to Sergeant First Class (SFC)/E-7 be reinstated and that he be placed on the Retired List in the rank/grade of SFC/E-7.

2.  The applicant states:

* he was promoted to SFC on 21 June 2011
* a South Carolina Army National Guard (SCARNG) board stated he should have completed the Senior Leaders Course (SLC) by 21 June 2013
* he completed Phase I of SLC on 11 May 2011
* he was scheduled to attend Phase II from 18 through 31 August 2012
* he was taken out of the SLC due to being scheduled for a Kosovo mission
* he found out that he was non-deployable due to diabetes and sleep apnea
* he was evaluated by a Physical Evaluation Board (PEB) from July 2012 through February 2013, and he was found fit for duty on 28 January 2013
* he was scheduled for  Phase II of the SLC on 20 March 2013 for the August 2013 class
* he was under a doctor’s care due to spinal injections, lumbar facets injections, and radio frequency treatment until June 2013
* he completed Phase II of the SLC on 31 August 2013

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* Self-authored statement
* Letter from the State of South Carolina Military Department
* DA Form 199 (Informal PEB Proceedings)
* Two DA Forms 1059 (Service School Evaluation Report)
* Naval Hospital work excuse
* Lowcountry Spine and Sport letter and work excuse
* Orders
* Three Army Training Requirements and  Resources System (ATRRS) reports
* Memorandum, subject:  Request for Waiver on Noncommissioned Officers Education System (NCOES) School for [Applicant], dated 6 May 2013
* Memorandum, subject:  Request for NCOES Extension Waiver for [Applicant], dated 22 May 2013
* Memorandum, subject:  NCOES Waiver Request for [Applicant], dated
* 6 June 2014
* Memorandum, subject:  Request for Assistance, dated 13 March 2014
 
CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in the U.S. Marine Corps (USMC), on 13 February 2003 the applicant enlisted in the SCARNG.

2.  Effective 17 September 2004, the applicant was ordered to Full-Time National Guard Duty (FTNGD). 

3.  On 21 June 2011, the applicant was promoted to SFC/E-7, with an effective date of 21 June 2011.  The additional instructions included the statement “This is a conditional promotion based on enrollment in ANCOC PH II by 21 June 2013."  At the time of this promotion, the applicant was a Basic Non-Commissioned Officer Course graduate (BNCOC), which is equivalent to the Advanced Leaders Course (ALC).

4.  He completed Phase I of SLC on 11 May 2012.

5.  Orders 179-043, issued by the State of South Carolina Military Department, dated 27 June 2012, ordered the applicant to active duty in support of Operation Joint Guardian (KFOR).

6.  A memorandum, Subject:  Request for Waiver on NCOES for [Applicant], dated 6 May 2013, states the applicant was scheduled for Phase II of SLC from 17-31 August 2012.  He was notified in June 2012 that he was on a list to deploy and was removed from the SLC course.  He was found non-deployable due to diabetes and was scheduled for a Medical Evaluation Board (MEB).  He was found fit for duty in February 2013 and was scheduled to attend Phase II of SLC from 17-31 August 2013.  The battalion and brigade Command Sergeants Major concurred with the request.

7.  Orders 179-809, issued by the State of South Carolina Military Department, Columbia, SC, dated 28 June 2013, reduced the applicant in grade from SFC to SSG, effective 1 July 2013.  The reason given was "Administrative."

8.  He completed Phase II of SLC on 31 August 2013.

9.  Orders 080-0001, issued by the State of South Carolina Military Department, Columbia, SC, dated 21 March 2014, released the applicant from active duty and placed him on the retired list with an effective date of 30 June 2014.  He was retired in the rank of "SSG," and the current grade effective date shows
2 August 2006.

10.  On 30 June 2014, the applicant retired in the grade of Staff Sergeant (SSG)/E-6 and was credited with 20 years and 28 days of service for retired pay.  The DD Form 214 issued at that time shows in:

* Item 4a (Grade Rate or Rank) – "SSG"
* Item 4b (Pay Grade) – "E06"
* Item 12i (Effective Date of Pay Grade) – 2 August 2006
   
11.  In processing this case, an advisory opinion was obtained from the Deputy, Personnel Policy Division, National Guard Bureau, which recommended approval of the applicant's request.  The advisory official stated BNCOC is equivalent to ALC required by Army Regulation 600-8-19 for promotion to SFC/E-7.  The applicant was a BNCOC graduate, thus fully NCOES qualified on the date he was promoted.  The official also stated that the applicant should be restored to the rank of SFC effective the date of reduction and receive all pay and allowances associated with the restoration.  He further stated that the opinion was coordinated with the Enlisted Policy Branch, but that the SCARNG did not concur with the opinion. 

12.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policy and procedures governing enlisted promotions and reductions.

     a.  Paragraph 1-27 (Noncommissioned Officer Education System requirement for promotion and conditional promotion) states an ALC graduate is eligible for promotion to SFC.

     b.  Paragraph 10-18 (Failure to complete or attend Noncommissioned Officers Education System) states Soldiers will only be reduced when NCOES is required for his/her current grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his promotion to SFC/E-7 should be restored was carefully considered and found to have merit.

2.  The evidence of record confirms he was promoted to SFC/E-7 on 21 June 2011.  His promotion orders stated the promotion was conditional based on his enrollment in ANCOC Phase II by 21 June 2013.  His battalion and brigade Command Sergeants Major concurred with a request for an extension for NCOES.  He completed Phase II of SLC on 31 August 2014. 

3.  He was administratively reduced to SSG/E-6 on 28 June 2014.  He was a BNCOC graduate.  BNCOC is equivalent to ALC required by regulation for promotion to SFC/E-7.  As a BNCOC graduate, he was fully NCOES qualified for promotion to SFC/E-7. 

4.  By regulation, he would only be reduced if SLC was required for his current grade, SFC/E-7, at the time.  The SLC was not required for promotion to SFC.

5.  In view of the facts and circumstances of this case, it would be appropriate to   restore his rank/grade of SFC/E-7 effective the date of his reduction and pay him any pay and allowances associated with the restoration.  His retirement was effective 30 June 2014.  His records should be corrected to show his retired grade/rank as SFC/E-7.

BOARD VOTE:

__X______  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  revoking the orders reducing him to SSG/E-6; 

	b.  amending his retirement orders to show he held the rank and pay grade of SFC/E-7 on the date he was retired and to show his retired rank/grade is   SFC/E-7; 

	c.  correcting his DD Form 214 for the period ending 30 June 2014 to show in – 
      
* item 4a, the entry "SFC"
* item 4b, the entry "E07"
* item 12i (Effective Date of Pay Grade), "2011  06  21"

	d.  paying him any pay and allowances/retired pay due as a result of these corrections. 



      __________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)                                         AR20140008454





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ABCMR Record of Proceedings (cont)                                         AR20140008454



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