IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140016819
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 the removal of a memorandum removing him from the Drill Sergeant Program and orders withdrawing the Special Qualification Identifier (SQI) X from his primary military occupational specialty (PMOS) from his Official Military Personnel File (OMPF).
2. The applicant states, in effect, that he was not properly notified or counseled that he would be losing his SQI and Drill Sergeant Badge. When he was taken off the trail (drill sergeant duty) he was told he would be keeping his SQI and Drill Sergeant Badge; however, he was subsequently told that his brigade commander took them away and he did so without notifying him of his rights in the matter. There is nothing in his records to support the actions taken in the memorandum and orders and he does not want to be eliminated from the service because of their presence in his records.
3. The applicant provides copies of the memorandum and orders in question.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 March 1997 for a period of 4 years, training as an infantryman and a cash enlistment bonus. He completed his training and has remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-6 on 1 January 2004.
2. The applicant graduated from Drill Sergeant School on 28 August 2008 and was assigned to Fort Benning, Georgia as a senior drill sergeant. He was promoted to the pay grade of E-7 on 1 August 2009.
3. The memorandum in question is dated 14 October 2010 and is addressed to the applicant from the brigade commander. It advised the applicant that he was being removed from the drill sergeant program for failure to maintain high standards of military conduct and/or professionalism. He was also advised that his special duty assignment pay was terminated effective 1 October 2010, that his SQI of X was withdrawn and his authority to wear the Drill Sergeant Identification Badge was revoked. He was further advised that he had 20 days to appeal those actions to the Commanding General of Fort Benning, Georgia. He was also advised that the Commanding General of the U.S. Army Human Resources Command assumed appeal authority if an appeal was made after 20 days. There is no evidence in the available records to show that he made an appeal to either authority.
4. On 18 October 2010, orders were published withdrawing the applicants SQI of X and removing his authority to wear the Drill Sergeant Identification badge effective 14 October 2010.
5. His records show that he was reassigned within the same battalion to perform duties as the battalion operations noncommissioned officer. His noncommissioned officer evaluation report (NCOER) covering the period from
31 July 2010 to 1 July 2011 shows his PMOS as 11B4O.
6. Army Regulation 614-200 (Enlisted Assignments and Utilization Management) serves as the authority for the removal from the Drill Sergeant Program. It provides, in pertinent part, that the removal authority must be at least a colonel level commander and the appeal authority will be no less than the first general officer in the chain of command. Further appeals may be made to the Commanding General, U.S. Army Human Resources Command and the Office of the Deputy Chief of Staff G1.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was unjustly and incorrectly removed from the Drill Sergeant Program and that his SQI and Drill Sergeant Identification Badge were unjustly withdrawn has been noted and appears to lack merit.
2. While the applicant has not provided and the records do not contain the facts and circumstances surrounding his removal from the Drill Sergeant Program, it is unlikely that the applicant was unaware of why he was being removed from the program prematurely as he was reassigned to a non-drill sergeant position and his NCOER clearly shows his PMOS as 11B4O.
3. Additionally, the memorandum in question clearly advised the applicant that he could appeal to the actions in question to the Commanding General of Fort Benning within 20 days and the Commanding General of the U.S. Army Human Resources Command after the 20 days. There is no evidence to show that he exercised his rights to appeal.
4. Therefore, in the absence of evidence to show that there was an error or injustice in his case, it must be presumed that the actions taken in his case were in accordance with governing regulations with ho violations of the applicants rights. Accordingly, there appears to be no basis to grant his request to remove the documents in question from his OMPF.
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) AR20140016819
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ABCMR Record of Proceedings (cont) AR20140016819
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