IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140020266 


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 reinstatement to the Enlisted Promotion System (EPS) Master Sergeant (MSG) Promotion List and promotion to MSG.

2.  The applicant states:

* he was transferred to the U.S. Army Reserve Control Group (Retired) from the Delaware Army National Guard (DEARNG) in 1995 with 21 years of service as a sergeant first class SFC/E-7
* he had been on the promotion list for the last 7 years
* he was told that he did not have the required time remaining for promotion and that he needed to complete the Advanced Noncommissioned Officer Course (ANCOC)
* he would be 60 years old next year and he had a 1-year extension
* in 2006 he was told that he would be next for promotion
* if he was not going to be promoted due to not meeting the requirements, he should have been told so that he could have met all of the requirements
* this was not his fault, it was the fault of the DEARNG

3.  The applicant provides:

* DA Form 4037 (Enlisted Record Brief)
* Defense Finance and Accounting Service Military Leave and Earning Statement
* orders
* memorandum, Subject:  Notification of Selection under the EPS, dated                9 October 2014
* emails
* Certificate for ANCOC completion
* enlistment documents
* Personnel Records Review

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the DEARNG on 12 February 1974.  He completed the Reserve Component (RC) ANCOC on 12 December 1982 and was promoted to SFC on the same day.
 
2.  He was transferred to the U.S. Army Reserve Control Group (Retired) on       1 August 1995.  He completed 21 years, 5 months, and 20 days of net active service this period.

3.  On 3 May 2006, he was voluntarily released from the Retired Reserve.  He enlisted in the DEARNG on 11 May 2006 for 6 years.  At the time of enlistment he was 51 years old.   

4.  A memorandum, subject:  Notification of Selection under the EPS, dated        9 October 2014, shows that he was being considered for promotion to MSG.  It further stated:

    a.  If he was in a promotable status he must be contacted to determine if he would accept the position.  If he accepted the position the chain of command would send an email to the Enlisted Personnel Branch.

     b.  He could be exempted from the 3-year time-in-service requirement for promotion to MSG provided he could serve at least 6 months as a MSG before reaching maximum age and involuntary separation.

    c.  The unit must verify that Soldiers being considered for promotion to SFC or MSG have not used a waiver to obtain their current Noncommissioned Officer Education System (NCOES) levels.  If the Soldier had not completed the course, he was not promotable.  Without exception, completion of ANCOC/Senior Leaders Course (SLC) was required for promotion to MSG.  

    d.  The effective date of promotion would be the day the Soldier accepted the promotion.  The promotion would not be valid if the Soldier was not in a promotable status on the effective day of promotion. 
5.  An email, dated 14 October 2014, shows he accepted the offer of promotion.  He was 59 years of age.   

6.  On 1 November 2014, an email message, subject:  Withdrawal of EPS Offer to [Applicant] and Removal from EPS List, stated, in part:

     a.  His offer for promotion must be withdrawn because he did not meet the eligibility requirements for promotion prior to the Criteria Eligibility Date.

     b.  When he reenlisted in the DEARNG on 11 May 2006, his date of rank (DOR) was not adjusted to the reenlistment date as required by National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 3-4b(2)(b)2, dated 13 May 2002, which was in effect at the time.  Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions), paragraph 7-23a requires Soldiers with an adjusted date of rank to meet all NCOES requirements for the current grade.  The RCANCOC from which he graduated 12 December 1982 did not meet the 11 May 2006 NCOES requirements to be promoted to MSG.

     c.  He was being administratively removed from the MSG promotion list.

7.  A memorandum, subject:  Withdrawal of Selection under the EPS and Administrative Removal from EPS Lists, dated 1 November 2014, shows that he was administratively removed from the MSG promotion lists.

8.  In processing this case, an advisory opinion was obtained from the Deputy, Personnel Policy Division, National Guard Bureau, which recommended disapproval of his request.  The advisory official stated:

     a.  He was initially discharged as a SFC on 1 August 1995 from the DEARNG.  He reenlisted for 6 years into the DEARNG on 11 May 1996 retaining the rank of SFC.

     b.  On 9 October 2014, he received notification of selection in the EPS from the DEARNG.

     c.  On 1 November 2014, he received DEARNG memorandum, subject:  Withdrawal of Selection under the EPS and Administrative Removal from EPS Lists.  The memorandum outlined the disqualification reason(s):  "When you reenlisted in the DEARNG on 11 May 2006, your DOR was not adjusted to the reenlistment date as required by AR 600-200, paragraph 3-4b(2)(b)2, dated      13 May 2002, which was in effect at the time of your reenlistment.  AR 600-8-19, paragraph 7-23a requires Soldiers with an adjusted DOR to meet all NCOES requirements for the current grade.  The RC ANCOC from which you graduated 12 December 1982 did not meet the 11 May 2006 NCOES requirements to be promoted to MSG.  Additionally, IAW AR 600-8-19, paragraph 7-44, I am administratively removing you from the MSG promotion lists."

     d.  AR 600-8-19, paragraph 7-23a reads "Soldiers with a DOR on or before    1 October 1992 are considered NCOES qualified in their current grade and do not need to meet the prerequisite course to attend the next level of NCOES.  This is not considered as equivalent or constructive credit.  If a Soldier’s DOR becomes adjusted before the Soldier attends the next level of NCOES, the Soldier will need to meet all NCOES requirements for the current grade before being considered for promotion to the next higher grade."

     e.  AR 600-200, paragraph 3-4b(2)(b)2 reads:  "On subsequent enlistment/reenlistment- More than 24 months following discharge from the Regular Army, ARNG, USAR, the DOR of the enlistment grade is the date of enlistment."  He reenlisted on 11 May 2006; therefore, he did not have NCOES completed required for promotion to MSG.

     f.  The ARNG Bureau Enlisted Policy Branch concurred with the recommendation. 

9.  In his response to the advisory opinion he stated:  

* he still felt that he was done wrong on his promotion because when he reenlisted he came back as a SFC
* he had been on the promotion list for the last 7 years
* when he checked his ERB in September his DOR was 12 December 1982 and it had been like that for the past 7 years
* when he looked at his ERB on 9 February 2015 it had been changed
* this was not his fault, it was the fault of the DEARNG
* he was sending more documents
* he did not understand how his ERB changed after 7 years and why he had not been informed that he needed to complete NCOES

10.  Army Regulation 600-8-19 prescribes policies and procedures governing the promotion and reduction of Army enlisted personnel, including enlisted members of the ARNG.  The version in effect at the time provided the following:

   a. Paragraph 1-27(a) (NCOES Requirements for Promotion) provides that Soldiers must be SLC graduates to be eligible for promotion to MSG.  

   b. Paragraph 5-27 (Removal from the Recommended List) provides that the promotion authority will direct the removal of the name of any Soldier from the recommended list if the Soldier did not meet the criteria in Army Regulation 
600-8-19, chapter 5, and was placed on the list in error.

   c. Paragraph 5-32(m) (Age) provides that Soldiers who reached age 55 without NCOES completion for the next higher grade, or age 57 with NCOES completed for the next higher grade, prior to the convening date of the board, are ineligible for promotion consideration. 

     d.   Paragraph 7-24(c) (Courses creditable for the NCOES) provides that the RC ANCOC is equivalent for the SLC common core only. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his offer of promotion should be restored was carefully considered.

2.  Based on governing regulation his RC ANCOC was creditable for SLC common core.  However, he would still have been required to complete any technical phase(s) required for the military occupation specialty in which he would have been considered for promotion to have SLC credit, which he did not have.  As such, he did not meet the NOCES requirements for promotion to MSG.

3.  Further, the evidence of record shows he reached 57 years of age on                      XX March 2012.  Accordingly, as of this date, he was no longer eligible for promotion consideration, regardless of his NCOES status.  

4.  In accordance with Army regulatory guidance, Soldiers who reached age 
55 (for non-graduates of the SLC) or age 57 (for graduates of the SLC) are ineligible for consideration for promotion. 

5.  In view of the foregoing, 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)                                         AR20140020266



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140020266



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1