IN THE CASE OF:  	  

		BOARD DATE:  28 April 2015	  

		DOCKET NUMBER:  AR20140015534 


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, placement on the temporary disability retired list (TDRL) in the rank/grade of sergeant first class (SFC)/E-7 vice staff sergeant (SSG)/E-6.

2.  The applicant states he was placed on the TDRL in June 2014 in the rank/grade of SSG/E-6.  He was eligible for and qualified for the E-7 promotion board.  He had completed the Structured Self Development Level 3 (SSD-3 or SSD-III) training before he was placed on the TDRL and he should have been promoted to E7 in his primary or secondary military occupational specialty (MOS) before retirement. 

3.  The applicant provides:

* Retirement orders
* Attachment orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 1059 (Service School Academic Evaluation Report)
* Certificate of Training – SSD3

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 29 June 1998 and he held MOS 52D (Power Generation Equipment Repairer).  


2.  He entered active duty on 25 February 2001.  He was promoted to sergeant/E-5 on 1 January 2002 and he completed the Primary Leadership Development Course on 26 April 2003. 

3.  He executed a 6-year reenlistment in the USAR on 28 December 2005.  He completed the Basic Noncommissioned Officer (BNCOC) Common Core (CC) from 11 to 29 May 2009 and he was promoted to SSG/E-6 on 1 January 2010 in MOS 63B (now 91B) (Wheeled Vehicle Mechanic). 

4.  He appears to have entered the disability system at some point and a physical evaluation board (PEB) must have considered his medical condition(s) and rated his disabilities at a combined rating of 60 percent.  It also appears the PEB recommended his placement on the TDRL. 

5.  On 18 April 2014, U.S. Army Human Resources Command (HRC) published Orders C-04-493128 separating him on 25 June 2014 and placing him on the TDRL in the rank/pay grade of SSG/E-6 effective 26 June 2014 with a 60 percent disability rating in accordance with Title 10, U.S. Code, section 1202. 

6.  He was retired on 25 June 2014 and placed on the TDRL in his retired grade of SSG on 26 June 2014.  His DD Form 214 listed his rank/grade as SSG/E-6 with an effective date of pay grade as 1 January 2010.  He completed 13 years, 
4 months, and 1 day of active service. 

7.  He provides a Certificate of Training, dated 31 October 2013, which shows he completed SSD-Level 3 training.

8.  An advisory opinion was received from HRC on 14 October 2014 in the processing of this case.  An advisory official recommended denial of the applicant's request and stated this request was unsubstantiated.  

	a.  The applicant claimed he should have been promoted to SFC on the Fiscal Year 2014 (FY14) Active Guard Reserve (AGR) SFC Board.  However, upon review of the promotion list, it became clear he was not considered for promotion.  He was not considered for promotion because he did not meet the military education requirements of Military Personnel (MILPER) Message 13-328 (i.e., 13-287) (FY14 AGR SFC promotion Board Announcement) and amendment MILPER Message 13-329. 




	b.  In accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20, Soldiers who are on a promotion list at the time of separation for disability will be promoted to the designated grade effective the Soldier's separation date.  The available records do not show the applicant was on a promotion standing list on the date of his separation.  

9.  The applicant was provided with a copy of this advisory opinion to provide him an opportunity to submit a rebuttal but he did not respond. 

10.  MILPER Message 13-278, dated 30 September 2013, announced the criteria for the FY14 AGR SFC promotion board.  The MILPER Message stated SSD-III and Advanced Leaders Course graduation is a firm eligibility requirement for consideration by this promotion board. 

11.  The Army’s vision in 2001 was to move to a learning environment enhanced by distance learning meant to bridge the operational and institutional domains of Army learning for enlisted Soldiers.  By 2007, the U.S. Army Sergeants Major Academy began development of SSD and on 1 October 2010, SSD-Level I was offered to the force, thus setting conditions for continuous growth and life-long learning throughout a Soldier’s career.  In 2004, the Army directed the transformation of the Primary Leadership Development, Basic NCO, Advanced NCO, and the Sergeants Major courses.  What evolved from this was the Warrior Leader, Advanced Leader, and Senior Leader courses and a completely redesigned Sergeants Major Course.  The BNCOC Phase I distance learning program was transformed into Advanced Leader Course (ALC) - CC delivered via blackboard starting on 1 October 2009.  Soldiers must complete both the CC and MOS specific phases in order to successfully graduate the ALC.

12.  Army Regulation 600-8-19 (Enlisted Promotions and Reduction) provides for the promotion and reduction of enlisted Soldiers.  Paragraph 1-20(c) states per the provisions of Title 10, U.S. Code, section 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade.  Further, the Soldier will be promoted to the designated grade effective the day before placement on the retired list.

13.  Title 10, U.S. Code, section 1372 (grade on retirement physical disability, members of the Armed Forces), states unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following: 

* the grade or rank in which he is serving on the date when his name is placed on the TDRL or, if his name was not carried on that list, on the date when he is retired
* the highest temporary grade or rank in which he served satisfactorily, as determined by the Secretary of the armed force from which he is retired
* the permanent regular or Reserve grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of a physical examination
* the temporary grade to which he would have been promoted had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of a physical examination

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not educationally qualified for promotion.  There are many phases for 63B BNCOC.  He completed only the CC phase.  He did not complete the CC and MOS specific phases in order to successfully graduate the ALC.  As such, he was not considered educationally qualified.  

2.  Because he was not educationally qualified, he did not meet the criteria for consideration for promotion by the FY14 AGR SFC promotion board and thus was never placed on a promotion list.  Because he was not on a promotion list at the time of disability retirement, he did not meet the statutory or regulatory requirements to be placed on the TDRL in the higher grade.  Therefore, 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)                                         AR20140015534



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ABCMR Record of Proceedings (cont)                                         AR20140015534



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