IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150015627 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 IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150015627 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 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. IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150015627 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 his previous request for promotion to the rank of sergeant first class (SFC)/E-7, effective 1 June 1998 or 1 May 2000, with entitlement to all back pay and allowances, and that he be placed on the Retired List in pay grade E-7. 2. The applicant states he is requesting reconsideration of his previous request based upon a new argument and evidence from Army Regulation 600-8-19, paragraph 4-2(6)c, dated 1 May 2000, which states staff sergeants (SSGs) need only be a graduate of the Basic Noncommissioned Officer Course (BNCOC) or a higher Noncommissioned Officer Education System (NCOES) course in order to be considered for promotion to SFC/E-7. 3. The applicant provides a self-authored letter, a DD Form 214 (Certificate of Release or Discharge from Active Duty), and DA Form 1059 (Service School Academic Evaluation Report). CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140019517 on 21 July 2015. 2. The applicant provides a new argument and new evidence that was not previously considered. The new evidence and argument warrant consideration by the Board. 3. The applicant was serving in the Massachusetts Army National Guard (MAARNG) and was promoted to the rank of E-6 on 17 May 1983. He completed the Reserve Component (RC) Advanced NCO Course (ANCOC) on 2 November 1984. 4. The applicant entered active duty in the Active Guard Reserve (AGR) Program on 9 January 1985. 5. The applicant’s record shows on: * 12 November 1986, he completed the Unit Supply Specialist BNCOC * 13 April 1997, he completed the Personnel Administrative Specialist Phase I Course 6. On 17 May 1997, the applicant was issued his notification of eligibility (NOE) letter. 7. On 26 September 1997, the applicant completed the Personnel Administrative Specialist Phase II Course. 8. The applicant was serving in the AGR Program as a staff sergeant/E-6 Personnel Administration Sergeant in an E-7 position in the MAARNG when Orders 29-1, dated 31 July 1998 were published promoting him to pay grade E-7 effective 1 June 1998. 9. Orders 31-1, dated 11 August 1998 revoked the applicant’s promotion. The orders do not specify the reason for the revocation. 10. On 8 September 1998, the applicant requested constructive credit for ANCOC for promotion to SFC/E-7. In his memorandum he states he completed RC-NCOES Advanced Course #2-85 qualifying him for promotion to SFC/E7, since there was no Phase II requirement then. He further stated that paragraph 11-28(13)b of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) stated that Soldiers who entered the AGR Program fully qualified in the NCOES for their next promotion would retain their qualification and that paragraph 11-29c(3) stated "before 1 OCT 91, any RC-ANCOC PHASE I only" was creditable for NCOES. In addition, paragraph 11-31h stated, "ARNGUS Soldiers credited with courses under previous policies retain credit until promoted." He also stated, "The change to this NGR did not become effective until after 12 June 1998. Therefore [he was] promotable to SFC/E7" with an effective date of 1 June 1998. 11. On 31 July 2004, the applicant retired in the rank/grade of SSG/E-6 due to sufficient service for retirement. He had served 20 years and 29 days of active service. 12. In the processing of his previous case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opined, in effect, that the applicant met the education requirements for promotion to the pay grade of E-7 at the time he entered the AGR Program and because the MAARNG could not provide documentation supporting the revocation, the NGB recommended approval of the applicant’s request. 13. In Docket Number AR20140019517, the Board recommended denial of the applicant's request. The Record of Proceedings in that case noted that, although he had completed an RC-ANCOC, there was no evidence showing he had completed the ARNG Battle Skills Course (BSC), as required for Soldiers who entered the AGR Program before 1 July 1986. REFERENCES: NGR 600-200, dated 1 March 1997, states in: a. Paragraph 11-28a(7) - SSGs with ANCOC credit are promotable to SFC/E-7. b. Paragraph 11-28(13)(b) - * traditional Soldiers (this term includes Military Technicians effective 1 December 1993) may complete any active component (AC) or RC-NCOES course for their grade. AGR Soldiers will complete only AC-NCOES courses prescribed as their promotion requirement unless otherwise authorized in this paragraph * all categories of Soldiers will complete NCOES courses only in their career progression military occupational specialty (primary or promotion MOS) * effective 1 April 1995, AGR Soldiers who enter the AGR Program fully qualified in the NCOES for their next promotion (for BNCOC and ANCOC this requires Phases I and II) will retain their qualification c. Paragraph 11-29c(3) states, for advanced level: before 1 October 1991, any RC-ANCOC Phase I only is creditable for NCOES. d. Paragraph 11-29c(6), states, for AGR Soldiers before 1 July 1986, they will need to complete the RC NCOES advanced or higher level course plus the ARNG Battle Skills Course (BSC). e. Paragraph 11-31(h) states, “ARNGUS Soldiers credited with courses under prior policies retain credit until promoted.” DISCUSSION: 1. The applicant contends that his promotion to SFC/ E-7 was unjustly revoked. 2. The applicant states that as of 1 May 2000, AC Soldiers can be promoted to SFC/E-7 by being a graduate of BNCOC under Army Regulation 600-8-19, while under the NGR 600-200, the ARNG AGR Soldiers are required to complete AC ANCOC for promotion to SFC/E-7. This is a double standard that is wrong and needs to be corrected. 3. While the applicant cites an active duty regulation, Army Regulation 600-8-19, dated 1 May 2000, this regulation does not apply to ARNG AGR members. 4. The applicant states he met the NCOES requirement for promotion to SFC/E-7 as an AGR Soldier at the time he entered the AGR Program by completing the RC ANCOC and Phase I on 2 November 1984 and on 13 April 1997. However, as a member of the AGR, he was also required to have completed either AC-ANCOC or both the RC-ANCOC (Phase I) and the BSC pursuant to NGR 600-200, paragraph 11-29c(6), not paragraph 11-29c(3) as he contends. 5. There is no evidence he ever completed the BSC; therefore, he was not eligible for promotion to SFC/E-7 under the policies in effect at that time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015627 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015627 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2