RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            02 MARCH 2004                  
	DOCKET NUMBER:   AR2003093420

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Robert Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that he be reinstated to the rank and pay grade of sergeant major E-9 with the restoration of all rights, privileges, and property.

2.  The applicant states that the Deputy Chief of Staff for Personnel (DCSPER) had no authority to authorize conditional promotions to sergeant major of Army Reserve enlisted Soldiers during the period that he was promoted.  His promotion was unconditional; consequently his reduction to master sergeant for failure to complete the sergeants major course was erroneous. 

3.  The applicant provides a copy of the order promoting him to sergeant major effective and with a date of rank of 1 June 1997, a copy of an order assigning him to the Retired Reserve effective 7 June 2002 in the rank of master sergeant, and a copy of a memorandum to the applicant from the Director, Enlisted Personnel Management at St. Louis informing him that conditional promotions to sergeant major during the period 1 October 1983 through 16 June 1998 were not authorized.

CONSIDERATION OF EVIDENCE: 

1.  The applicant was a Reserve Soldier assigned to the 308th Civil Affairs Brigade, a troop program unit in Homewood, Illinois.  On 20 May 1997 orders were published by Headquarters, United States Army Special Operations Command (SOC) at Fort Bragg, North Carolina, promoting him to sergeant major effective and with a date of rank of 1 June 1997.    

2.  On 25 June 2000 he was reassigned to the Army Reserve Control Group (Reinforcement) at St. Louis.  The transfer was voluntary.

3.  On 5 January 2001 the SOC published orders administratively reducing the applicant to master sergeant due to his dismissal from the non-resident sergeants major course for failure to maintain satisfactory academic progress.  The order authorized him to be in a "de facto" status.

4.  On 7 June 2002 the applicant was reassigned to the Retired Reserve.  His rank on the reassignment order is shown as master sergeant.

5.  A 26 June 2002 Office of the Deputy Chief of Staff, G-1 memorandum, indicated that The Judge Advocate General had rendered a legal opinion that the DCSPER had no authority to authorize conditional promotions of Army Reserve enlisted soldiers to sergeant major during the period 1 October 1993 and           16 January 1998, and consequently, promotions to sergeant major during that period were unconditional in nature.  Soldiers who were not graduates of the sergeants major course could be promoted to sergeant major, but could not be subsequently reduced for failure to complete the sergeants major course.  Soldiers affected by the action who had no current military status must make application to this Board for corrective action.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant should be restored to the rank and pay grade of sergeant major, E-9, effective and with a date of rank of 1 June 1997.

2.  The 5 January 2001 order published by the SOC reducing the applicant to master sergeant is null and void and of no force or effect.    

BOARD VOTE:

__FNE __  ___AAO _  ___RD__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by restoring the applicant to the rank and pay grade of sergeant major E-9 effective and with a date of rank of 1 June 1997.  The 5 January 2001 order published by the SOC reducing the applicant to master sergeant is null and void and of no force or effect.

		____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2003093420	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040302	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.		
3.		
4.		
5.		
6.