BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015553 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015553 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20140021463, dated 28 July 2015. _____________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. BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015553 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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20140021463 on 5 August 2015. In effect, he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 August 2003 to show his rank/grade as sergeant (SGT)/E-5 at the time of his release from active duty. 2. The applicant, in a two-page self-authored statement, states the following: I was conditionally promoted to E-5/SGT on 1 September 2001. Before being conditionally promoted I had been doing the duties of an E-5/SGT for 11 months as a Military Police Team Leader in South Korea. I PCS'ed from South Korea to Ft. Detrick, MD, in October 2001, which was one month after being conditionally promoted to E-5/SGT. Once at Ft. Detrick, MD, I was immediately put into a Military Police Team Leader position. While at Ft. Detrick, MD, I was told that I would be scheduled to attend PLDC [Primary Leadership Development Course] at Ft. Campbell KY. After being told this, I was approached by some senior NCOs including the First Sergeant about reenlisting. I made it clear to all that asked that I had no plans of reenlisting. At this point in time my ETS [expiration term of service] date was August 2002. This would have put me separating from the U.S. Army prior to the one year deadline to attend PLDC in accordance with the conditional promotion. [In] February of 2002, I had been at Ft. Detrick for four months and I was five months into my conditional promotion. I was told by the First Sergeant to remove the chevrons from my collar and put E-4/SPC rank on. The First Sergeant stated that the company was not going to waste a PLDC slot on someone who was getting out of the U.S. Army. I was also told that I was no longer a Military Police Team Leader. (The date of this reduction in rank does not match my military record you referenced in the letter I received). Stop Loss went into effect around this time period pushing my ETS date out indefinitely. I contacted the JAG [Judge Advocate General] office on Ft. Detrick and explained to one of the JAG officers what had occurred. During that phone conversation I was advised by JAG that it wasn't worth fighting since I did not plan on reenlisting. At this point I felt it was a lost cause because the unit I was assigned to the Chain of Command for realistic purposes stopped at the Company Commander and First Sergeant. The Company Commander at the time went with whatever recommendation the First Sergeant gave when it came to NCO's and Soldiers. The company was United States Army Security Forces and to my knowledge is no longer a unit. When I first arrived, the company fell directly under Medical Command (MEDCOM) and within a year of my arrival became part of the Military District of Washington (MDW). The majority of NCO's and Soldiers to include myself worked at a classified facility away from Ft Detrick. Everyone that was E7/SFC and above worked at the Company HQ on Ft. Detrick. This separation within the company also added to the disconnect from any form of a higher Chain of Command. [In] July or August of 2002, I was informally told by a company level PAC clerk that someone from Ft. Campbell PLDC called inquiry [sic] if I was going to attend PLDC. That PAC clerk stated Ft. Campbell was told that I would not be attending. On 1 November 2002, I was laterally promoted to E-4/CPL and once again made a Military Police Team Leader. I remained in that position and at that rank until my ETS in August 2003. (This lateral promotion is referred to as a reduction in rank according to my military record you referenced in your letter.) Sometime during the beginning of 2003 those affected by the Stop Loss were informed they would be allowed to ETS one year from their original ETS date. My LES during the time period between 1 September 2001 and 1 August 2003 will support the promotion/demotion/lateral promotion time line which I just informed you of. I do not have access to those LES's but I'm sure you do. You will see that it does not match my military record you referenced in the letter you sent me. According to the letter you sent I was reduced 1 November 2002, however, I was informed I was reduced in February 2002. This discrepancy alone with my military record showing no disciplinary action against me should be evidence of an injustice. It would suggest that I was held from PLDC in order to legitimize my reduction in rank as punishment for refusing to reenlist. I am not doing this for financial gain nor am I trying to reenter the military. I'm doing this only because I want my military record to accurately reflect my military service. Unfortunately because of the Stop Loss and an individual abusing their authority/position my military record does not reflect my service. 3. The applicant provides the previous ABCMR Record of Proceedings and an ABCMR Decision Letter, dated 28 July and 5 August 2015 respectively. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140021463 on 5 August 2015. 2. The applicant provides a new argument in the form of a two-page, self-authored statement that details his promotion timeline. This statement was not considered by the Board in its initial consideration of his request; therefore, it constitutes new evidence that will now be considered by the Board. 3. The applicant enlisted in the Regular Army on 12 August 1997. He completed initial entry training and was awarded military occupational specialty (MOS) 95B (Military Police). 4. His record contains an electronically generated Enlisted Record Brief (ERB), dated 10 June 2003. This form shows his military education completion status as "None," and it shows he was promoted to the rank/grade of specialist (SPC)/E-4 on 12 November 1999 and to the rank/grade of SGT/E-5 on 1 September 2001. He was reduced to the rank/grade of SPC/E-4 on an unknown date after September 2001 and he was laterally appointed as a corporal (CPL)/E-4 on 1 November 2002. 5. The applicant was honorably released from active duty on 11 August 2003 and transferred to the U.S. Army Reserve Control Group (Reinforcement) the next day. His DD Form 214 shows he was separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 4, by reason of completion of required active service. His DD Form 214 further shows he was separated in the rank/grade of CPL/E-4. 6. The available records do not contain any evidence that shows he was permanently promoted to SGT by orders or that shows he attended and completed PLDC. REFERENCES: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. a. Effective 1 October 1993, the Army linked the Noncommissioned Officer Education System (NCOES) to promotion in an effort to ensure NCOs possess the appropriate skills and knowledge required of the next higher grade prior to assuming the duties and responsibilities of the next higher grade. According to the NCOES requirements for promotion to SGT, a Soldier must be a PLDC graduate or equivalent (emphasis added). b. Conditional promotions to SGT require promotion authority approval. Conditional promotion to SGT through SFC will be for a period not to exceed 12 months (emphasis added). Soldiers enrolled in their appropriate NCOES course at the end of the 12-month timeframe will be allowed to complete the training and retain their promoted grade upon graduation. Exceptions to extend Soldiers beyond the 12-month limit must be submitted by the promotion authority to Commander, PERSCOM (known currently as Human Resources Command). c. Soldiers who fail to successfully complete, fail to remain eligible to be scheduled for or attend, who are denied enrollment in, or who do not attend their scheduled NCOES class (through fault of the Soldier) will be administratively reduced and/or removed from the promotion list. The effective date of administrative reduction is the date of the action that caused the soldier to be ineligible to retain the promotion. The date of rank (DOR) will be the previous DOR held at the reduced grade. These soldiers must re-compete for promotion. d. Soldiers who have been reduced or removed from the promotion list as a result of failure to meet the NCOES requirement are ineligible for a future conditional promotion to the same grade. e. Procedural guidance for conditional promotion for Soldiers to SGT who have met a cutoff score and are otherwise qualified, but have not completed PLDC, are authorized under any of the following conditions (when approved by the promotion authority): (1) When reflected on the unit Order of Merit List (OML) for PLDC attendance. (2) When operationally deployed. (3) When on a temporary profile that prohibits PLDC attendance. f. For processing approvals the promotion authority approves (on a memorandum or DA Form 4187 [Personnel Action]) conditional promotion to sergeant. Promotion authority will state on the approval that the Soldier is otherwise fully eligible and will attend PLDC within 12 months from the effective date of conditional promotion or prior to ETS, whichever comes first. Approvals must be forwarded to the local PSB [Personnel Services Battalion] or MPD [Military Personnel Division] for processing and publication of promotion orders. The local PSB commander or equivalent is the verifying authority for conditional promotions to SGT. g. Chapter 3, Semi-centralized Promotions (SGT and SSG) governs the promotion system for active Army and Reserve Soldiers. Table 3-4 provides the eligibility criteria for promotion. It provides that for promotion to SGT, a Soldier must: * be promoted in the Career Progression MOS and must be fully qualified in MOS to include meeting school requirements * complete resident PLDC or higher * have 36 months time in service (TIS) and 8 months time in grade (TIMIG) * be eligible to reenlist in accordance with appropriate regulation * be considered physically qualified * possess a current passing APFT score in accordance with applicable regulations and field manuals * not be flagged per Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (Flags)) * meet the six months of service remaining requirement * cannot be enrolled in the Army Substance Abuse Program 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's request for correction of his DD Form 214, to show his rank/grade as sergeant (SGT)/E-5 at the time of his release from active duty, was carefully considered. 2. The applicant was conditionally promoted to the rank/grade of SGT/E-5 on 1 September 2001. 3. In accordance with the governing Army regulation at the time, the applicant's conditional promotion required that he complete the required NCOES schooling (i.e., PLDC) within 12 months of either the effective date of his conditional promotion or his ETS, whichever came first. 4. The applicant was reduced to CPL on 1 November 2002, within 12 months of the effective date of his conditional promotion to SGT. a. His reduction is presumed to be the result of his admission to his chain of command that he had no intention of attending PLDC prior to his separation from the Army at his ETS date. b. The record does not reveal whether he was instructed to document his intention to separate in writing; however, it is likely his chain of command would have secured his refusal to reenlist in writing prior to reducing him or refusing his NCOES attendance. c. He does not provide nor does his record contain any evidence to show he was promoted after his reduction to CPL or that he completed PLDC prior to his ETS date. 5. Given the applicant's reluctance to reenlist, and the short proximity between his promotion date and ETS date, his command's reluctance to send him to PLDC is understandable. PLDC is designed to teach leadership skills to prospective and future NCOs; the applicant's separation in short order would have nullified any benefit the unit would have received from his attendance. 6. Regardless of his unforeseen extension due to stop-loss, he did not attend and successfully complete PLDC. 7. It is understandable that the applicant wants a promotion to a higher rank, one which he feels he has earned; however, the Board is not an investigative body and it must be presumed that the chain of command acted properly and reduced him in accordance with the regulation in effect at the time due to his failure to meet the NCOES requirement for permanent promotion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015553 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015553 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2