IN THE CASE OF: BOARD DATE: 2 September 2021 DOCKET NUMBER: AR20210008054 APPLICANT REQUESTS: reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 October 2003 to change his rank /grade from sergeant (SGT)/E-5 to staff sergeant (SSG)/E-6. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs Rating Decision FACTS: 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 AR2012000XXXX, on 8 November 2012. 2. The applicant states he requests his DD Form 214 rank at time of discharge be changed/corrected from E-5 to E-6. Also, it is stated in the previous Record of Proceedings that he was in the U.S. Army Reserve (USAR) in November 2003. He never was in the USAR after his discharge from Active Army in October 2003. He was not obligated to complete anymore terms of duty. At the time of his discharge, he was on a permanent profile for a back and feet injury that happened while on duty. He is currently a 90% disabled veteran because of these two injuries. He was demoted due to the fact that he could not complete the noncommissioned officer (NCO) course due to his permanent profile for the injuries listed. On his last request, the Record of Proceedings stated that he did not have a permanent profile at the time of his discharge on 15 October 2003. He was involved in a vehicle accident on duty that left him with a back injury and was placed on profile at the time of his promotion of E-6. The promotion was on conditional status under the condition that he complete an NCO course, but he could not due to injury. He has provided his VA rating, dated 10 January 2005, awarding him service-connection for lumbosacral strain (claimed as low back pain), scrotal mass, ingrown toenail, and migraine headaches. 3. Review of the applicant's service records shows: a. He had prior service in the U.S. Army Reserve (USAR), Regular Army (28 March 1991 to 27 May 1995), and Army National Guard (28 March 1996 to 8 April 1997, holding the rank of specialist (SPC)/E-4. b. He enlisted in the USAR in the rank/grade of SPC/E-4 on 27 June 1999. He was promoted to SGT/E-5, in the USAR, in military occupational specialty (MOS) 92A (Automated Logistical Specialist) on 15 September 2000. c. He entered active duty in an Active Guard Reserve (AGR) status on 16 October 2000, holding MOS 92Y (Unit Supply Specialist). He was assigned to the U.S. Army Human Resources Command, St. Louis, MO and attached to and with duty at 398th Finance Group, Fort Belvoir, VA. d. On 15 January 2003, the U.S. Total Army Personnel Command, St. Louis, MO published Orders 015-XXX promoting him from SGT/E-5 to SSG/E-6 in MOS 92Y effective 1 February 2003. The orders stipulated: * Promotion is not valid and it will be revoked if he is not in a promotable status on the effective date of promotion * Soldiers who are promoted automatically incur a 1-year AGR obligation prior to voluntary non-disability retirement * Additional Instructions: Soldiers accepting this promotion understand that they have 30 days from the effective date of this order to decline the promotion and acceptance of this promotion will subject him or her to worldwide reassignment to a position commensurate with grade and MOS * Soldiers accepting a conditional promotion and are subsequently denied enrollment, declared a "No Show," becomes academic failures or otherwise does not meet graduation requirement, will be reduced to the grade and rank held prior to the conditional promotion e. On 3 October 2003, Headquarters, 99th Regional Readiness Command published Orders 03-276-XXX reducing the applicant from SSG/E-6 to SGT/E-5 effective 3 October 2003 under the provisions of paragraph 7-12d of Army Regulation 140-158 (Army Reserve/Enlisted Personnel Classification, Promotion, and Reduction). f. He was honorably discharged on 15 October 2003 for completion of his required active service. His DD Form 214 shows he completed 3 years of active service. It also shows in: * Item 4a (Grade, Rate or Rank) the entry "SGT" * Item 4b (Pay Grade) the entry "E5" * Item 12h (Effective Date of Pay Grade) the entry "2000 09 15" (15 September 2000) g. On 6 November 2003, he underwent a physical examination and was found qualified for military service with a physical profile of "1-1-1-1-1-1." h. He enlisted in the USAR on 6 November 2003 for a period of 6 years in the rank of SGT/E-5. He was discharged on 17 December 2004. i. On 8 November 2012, the Board denied his request to change his rank from SGT to SSG. The Board determined that: (1) The applicant contended he had a permanent profile due to service connected injuries and his service connected injuries forced him out of his career. However, there is no evidence and he provided no evidence to support these contentions. The evidence shows following his honorable discharge on 15 October 2003 for completion of required active service, approximately three weeks later, he underwent a physical examination for enlistment in the USAR on 6 November 2003 and was found qualified for service with a physical profile of "1-1-1-1-1-1." (2) Additionally, his promotion to SSG was contingent upon him completing a 1- year AGR obligation and a specified NCO Education System course. His promotion effective date was 1 February 2003. He was honorably discharged from the USAR on 15 October 2003. He did not fulfill his promotion obligation to retain the rank of SSG and since his promotion was conditional, his orders show he was properly reduced to SGT on 3 October 2003. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board found the applicant had not met the requirements to retain his promotion to SSG/E-6 and as a result the promotion was revoked. The Board found insufficient evidence of mitigating factors, such as a physical profile preventing him from completing the required military education, that would support a recommendation for relief in this case. Based on a preponderance of evidence, the Board determined the rank and grade recorded on the applicant's DD Form 214 for the period ending 15 October 2003 are not in error or unjust. 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2012000XXXX, dated 8 November 2012. 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 140-158, (Army Reserve/Enlisted Personnel Classification, Promotion, and Reduction), in effect at the time, prescribed policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted Soldiers of the USAA. Paragraph 7-12d (failure to meet conditional promotion NCOES (Noncommissioned Officer Education System) requirements) of this regulation states that a Soldier who accepts a promotion with the condition that he or she must enroll in, and successfully complete, a specified NCOES course, and fails to meet those conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a "No-Show," will be reduced to the grade and rank held prior to the conditional promotion. 2. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, and appointment, including officer procurement programs; medical fitness standards for retention and separation, including retirement; medical standards and policies for aviation; and certain enlisted military occupational specialties. Chapter 7 (Physical Profiling) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES). A numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment. • P - physical capacity or stamina • U - upper extremities • L - lower extremities • H - hearing and ears • E - eyes • S - psychiatric //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008054 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1