IN THE CASE OF:  

		BOARD DATE:  29 October 2020

		DOCKET NUMBER:  AR20200002961


APPLICANT REQUESTS: Correction of his record to show he was promoted to the 
rank/grade of master sergeant (MSG)/E-8 after being overlooked.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum, Subject: Memorandum of Instruction (MOI) for Fiscal Year (FY) 
	2018 MSG Promotion Board (P006-17)
*	Pennsylvania Military Regulation 600-8-22 (Pennsylvania Decorations, Medals, 
	Badges and Awards Program)
*	Promotion eligibility list

FACTS:

1.  The applicant states he was overlooked for promotion to E-8 due to allowing a 
person from outside the command and he was not working in the current career field of 
79T on the 2018 list for the state of Pennsylvania (PA). He states he believes there was 
an injustice on the part of their promotions, State EPP (unknown acronym) regulations, 
and also the PA Inspector General (IG), where he registered a formal IG complaint and 
his command took retribution for doing so and assigned him to a different duty position. 

2.  A review of the applicant's official records shows the following:

	a.  On 6 March 1998, the applicant enlisted in the PA Army National Guard 
(PAARNG).

	b.  On 9 July 2008, Orders Number 191-014, issued by the Adjutant General, 
ordered the applicant to full time National Guard duty in an Active Guard/Reserve 
(AGR) status for the period 8 August 2008 – 25 February 2014, to serve as a recruiting 
and retention Noncommissioned Officer (NCO).

	c.  On 26 March 2009, Orders Number 085-1065, promoted the applicant to the 
rank/grade of sergeant first class (SFC)/E-7, effective with a date of rank of                                     
26 March 2009.

	d.  From 8 - 19 June 2009, the applicant attended and completed the Advanced 
NCO Course, marginally achieving the course standards.

	e.  On 10 January 2014, Orders Number 010-017, issued by the Adjutant General, 
continued the applicant in an AGR status for the period 26 February 2014 – 25 February 
2020, to serve as a senior recruiting and retention NCO.

	f.  The applicant's records are void of a National Guard Bureau (NGB) Form 4100-
1B-R-E (ARNG Senior Enlisted Worksheet Staff Sergeant through Sergeant Major) 
indicating the applicant elected to go before the promotion board and his commander 
recommended him.

3.  The applicant provides:

	a.  Memorandum, Subject: MOI for FY 2018 MSG Promotion Board (P006-17) which 
provided the instructions for eligibility criteria for competing for promotion to MSG.

	b.  Pennsylvania Military Regulation 600-8-22 which provided procedures for 
recommendation, issue, and wear of State decorations for service, performance, and 
conduct.

	c.  Promotion eligibility list showing the applicant completed structured self-
development level 4 and was in the AGR program.

4.  See applicable references below. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  Based upon the available documentation both submitted by 
the applicant and found within the applicant’s military service record, the Board 
concluded there was insufficient evidence to show that the applicant was ever promoted 
to the rank of MSG during his period of military service.  Therefore, the Board concluded 
there was insufficient evidence of an error or injustice which would warrant a correction 
to the applicant’s rank.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.
		  
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.

REFERENCES:

1.  Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) in effect at 
the time states:

	a.  Paragraph 1-5a, selection for promotion to a NCO rank is based on a Soldier’s 
potential to serve at increasing levels of responsibility, stemming from a leader’s (or 
promotion board’s) assessment of a Soldier in his or her current rank.

	b.  Paragraph 7-1 (Enlisted Promotion and Reduction of ARNG Personnel) the 
enlisted promotion system is designed to help fill authorized enlisted vacancies in the 
NCO ranks with the best qualified Soldiers who have demonstrated the potential to 
serve in the next higher rank.  It provides for career progression in line with each 
Soldier’s potential.

	c.  Paragraph 7-3e unit commanders must validate the NGB Form 4100–1B–R–E 
and recommend or not recommend promotion board consideration for all eligible 
Soldiers within their commands.

	d.  Paragraph 7-12 promotions to sergeant through sergeant major are announced 
on orders.

	e.  Paragraph 7-32 Soldiers being considered may write to the president of the 
promotion board to provide documents and information, calling attention to any matter 
concerning themselves which they feel is important to their consideration.  Although 
written communication is authorized, it is encouraged only when there is something that 
is not provided in the Soldier’s records, and which the Soldier feels will have an effect 
on the board’s deliberations.  The Soldier’s official record is used to deter-mine quality 
and potential.

	f.  Paragraph 7-35 board members will evaluate Soldier performance and potential 
using the whole Soldier concept.  The sum of each Soldier’s qualities and qualifications, 
matters of record, past performance with the heaviest weight given to the recent past, 
and the Soldier’s potential to serve in positions of greater responsibility will be 
considered objectively.  The board will consider all Soldiers equally and fairly according 
to the board MOI.

2.  AR 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 
states the ABCMR begins its consideration of each case with the presumption of 
administrative regularity (that is what the Army did was correct).  The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200002961


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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