BOARD DATE: 20 August 2009 DOCKET NUMBER: AR20090003833 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 correction of his military records to show his rank as sergeant first class, pay grade E-7. 2. The applicant states that he was transferred to a new unit and promoted to sergeant first class, pay grade E-7 on 1 December 1999. He served in this rank for more than a year. On 23 October 2001, he was transferred back to his previous unit, but there are no orders showing that he was reduced to his former rank and pay grade. He has been trying since 2001 to have his rank and pay grade corrected. 3. The applicant provides, in support of his application, copies of his promotion orders for sergeant first class, pay grade E-7; unit transfer orders dated 23 October 2001; and orders transferring him to the Retired Reserve effective 29 September 2006 in the rank of staff sergeant, pay grade E-6. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was a staff sergeant, pay grade E-6, assigned to the Retired Reserve. 2. Orders 301-32, Headquarters, 84th Division (Institutional Training), dated 28 October 1999, promoted the applicant to the rank of sergeant first class, pay grade E-7. This was a conditional promotion, requiring completion of the Advanced Noncommissioned Officer Course. Special instructions contained in the orders stated that the Soldier must enroll in and successfully complete the Noncommissioned Officer Education System course required for the grade to which promoted. Failure to meet this requirement subjected the Soldier to reduction to the rank and pay grade held prior to promotion. 3. A DA Form 1059 (Service School Academic Evaluation Report), dated 13 August 2000, shows that the applicant was enrolled in the resident Advanced Noncommissioned Officer Course from 6 to 18 August 2000. He was dismissed from this course due to failure to meet the Army physical fitness standards. 4. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion and Reduction) applicable to all United States Army Reserve Soldiers assigned to the Ready, Selected, Standby or Retired Reserve, authorizes promotions conditioned on completion of required noncommissioned officer education courses. Paragraph 8-19c requires that for the Advanced Noncommissioned Officer Course, Soldiers must be enrolled within 12 months of the date of promotion and be a graduate within 24 months of the completion date for Phase I. An extra 12 months is allowed for completion of each phase for courses having more than 2 phases. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his correct rank is sergeant first class, pay grade E-7. 2. The evidence of record shows that the applicant was conditionally promoted to sergeant first class, pay grade E-7 and was enrolled in the Advanced Noncommissioned Officer Course. However, he failed to successfully complete this course of instruction and was subject to reduction to his former rank and pay grade. 3. The lack of reduction orders in the applicant's personnel file does not mean he was not properly reduced to his former rank and pay grade based on his failure to complete the requisite course of instruction. 4. In view of the above, the applicant's request should be denied. 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) AR20090003833 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003833 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1