BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150001408 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, in effect, the Army Board for Correction of Military Records (ABCMR) reevaluate his potential for missed promotions, his final rank at retirement, and promote him to the appropriate rank/grade. 2. The applicant states he is seeking closure on missed promotion opportunities due to his service record and his military occupational specialty (MOS) not being properly addressed within the Standard Installation/Division Personnel System (SIDPERS) database. After multiple years of attempting to correct the oversight, his MOS was finally changed in January 2011. Due to this oversight, he missed opportunities for schools, military training, and promotions. He further states: a. He entered the Texas Army National Guard (TXARNG) after completing 8 years of active service on 19 March 2000. He held the rank/grade of sergeant (SGT)/E-5 and was promotable to staff sergeant (SSG)/E-6. He had been a SSG almost 2 years at the time of his active duty expiration term of service (ETS). b. He was assigned to the Division Headquarters, Intelligence (G2) due to selecting a new MOS, 98C (Non-Language Voice Intercept Analyst). His current MOS at the time was 82C (Artillery Surveyor reclassified to 13S), with a secondary MOS (SMOS) of 11B (Infantryman). His Reserve unit did not have any MOS allocations for MOS 98C; therefore, he was placed in a Duty MOS (DMOS) 96B (Intelligence Analyst) position with the intent to send him to training. From March 2000 to April 2003, he held DMOS 96B. He finally attended a school in May 2003 for MOS 96R (Ground Surveillance Radar). With the MOS 96R he remained in the Division G2, in DMOS 96B. c. In August 2004, he was transferred to the 56th Infantry Brigade Combat Team (IBCT) to deploy as part of the Brigade S2, in DMOS 96B, even though he did not have a DMOS or primary MOS (PMOS) for that position. From August 2004 to January 2006, He served as one of the senior intelligence personnel for the brigade, receiving the Bronze Star for Service. He was promoted to pay grade E-6 with an effective date of 1 August 2004 to reflect the same date he was mobilized under MOS 96R. He began work with the State G3 in the new equipment fielding office full time, while maintaining his duty position under M-Day status (man days/drilling status) in MOS 96B. He addressed the oversight issue and that his MOS needed to be changed with several individuals. d. Under guidance and support of the State G3, Colonel (COL) GS, he produced a packet detailing his training, MOS skills, noncommissioned officer evaluation reports (NCOER), awards, and letters of recommendation requesting award of the MOS from Fort Huachuca. The packet was submitted through the State G3 and processed by the National Guard Bureau (NGB) and proponent school at Ft. Huachuca. After several months, he received a portion of his packet and a memorandum from the Department of the Army Human Resources Command (HRC) discussing the deletion/reintegration of MOS 96R. With this information, he submitted a DA Form 4187 (Request for Personnel Action) through the 71st Troop Command Headquarters to request his MOS be changed to 96B and the issuance of orders awarding him MOS 96B shortly thereafter in Mid-2007. On several occasions, he attempted to have SIDPERS updated to reflect the new MOS change. e. In February 2008, he had an opportunity to pursue a deployed civilian intelligence position in Iraq. He went into the Individual Ready Reserve (IRR) for a year to work as civilian intelligence analyst supporting a Special Operations Task Force. He returned in May 2009 to complete the remaining term of his contract and was reassigned to the Division G2 as the All-Source Analysis System (ASAS) Master Analyst (MOS 96B reclassified to 35F). He was slotted there until his retirement in 2013. From May 2009 to January 2011, he was on full time status and deployed to Egypt in support of Operation Bright Star and deployed to Iraq as the Senior Analyst for the Division Headquarters, receiving his second Bronze Star Medal for service as an Intelligence Analyst. f. From the time he entered the TXARNG in March 2000, he received one promotion under MOS 96R until his retirement in 2013. During this same period, he missed several opportunities for promotions under MOSs 13S and 11B. He was also never informed that he could have returned to that MOS while assigned to the ARNG. From March 2000 to June 2003, he could have been promoted under MOS 13S or 11B to E-6. Since those were his assigned MOS codes, only his DMOS was 96B, and he was not qualified for the MOS at the time. g. He submitted a previous DD Form 149 (Request for Correction of Military Records) through his unit G1 channels in 2011, following his deployment to Iraq. Once his MOS was corrected in SIDPERs, he was informed he had to have 1 year time in grade/MOS to be eligible for promotion and he would not be on the current State promotion list for FY12. He retired in June 2013 after completing 23 years of military service in the active component and ARNG. He never received a determination or any information regarding the first DD Form 149 he submitted. 3. The applicant provides: * Chronology of his service with narrative * Memorandum, issued by HRC, dated 29 October 2004 * Military Personnel (MILPER) Message Number 06-118, dated 25 April 2006 * Orders Number 243-1029, dated 31 August 2007 * MILPER Message Number 08-250, dated 6 October 2008 * Orders Number 005-1058, dated 5 January 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 November 2011 * 20-year letter, dated 1 December 2011 * Orders Number 231-026, dated 19 August 2013 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 16 October 1991. He served through a series of reenlistments or extensions, and held MOS 82C. 2. His record contains a DA Form 1059 (Service School Academic Evaluation Report) dated 19 May 1995 that shows he attended, completed, and met the course standards for the Primary Leadership Development Course (PLDC). 3. He was promoted to the rank/grade of SGT/E-5 on 1 October 1995. 4. He was honorably discharged on 19 March 2000 after completing 8 years, 5 months, and 4 days of net active service. 5. He enlisted in the TXARNG on 26 March 2000 for a period of one year and subsequently extended his enlistment for a period of 1 year on 3 March 2001. 6. His record contains a DA Form 1059, dated 1 July 2001, which shows he attended, completed and met the course standards for the TATS Ground Surveillance System course and was qualified for award of MOS 96R. 7. On 17 March 2002, he extended his enlistment for a period of 3 years. 8. Orders Number 081-001 issued by the TXARNG on 22 March 2002 awarded him primary MOS (PMOS) 96R and secondary MOS (SMOS) 82C. These orders withdrew PMOS 82C. 9. He entered active duty on 15 August 2004 and he was promoted to the rank/grade of SSG/E-6 that same day. 10. He provided a memorandum (Notification of Future Change to DA Pam 611-21, E-0504-26, Revision of Enlisted MOS 96R (Ground Surveillance Systems Operator) Career Management Field (CMF) 96 (Military Intelligence)) issued HRC, on 29 October 2004. This memorandum was issued to provide advance notification of approved changes to Military Occupational Classification and Structure (MOCS) for implementation. It states: a. MOS 96R would be deleted from the Active Army effective 1 October 2006 (Fiscal Year (FY) 2007) and designated as Reserve Component only; and b. MOS 96R would be deleted from the Reserve Components effective 1 October 2008 (FY2009). 11. His record contains a DD Form 1059 dated 17 January 2006 showing he completed the first phase of the Basic Noncommissioned Officer Course (BNCOC). However, there is no indication he completed the second phase of BNCOC. 12. He was honorably released from active duty on 30 January 2006. His DD Form 214 shows he completed 1 year, 5 months, and 16 days of net active service, of which 11 months and 2 days were credited as foreign service. Additionally, his DD Form 214 indicates he served in Kuwait/Iraq from 6 January to 7 December 2005. During this period he served in MOS 96R. 13. He provided MILPER Message Number 06-118 (FY 2007 Enlisted MOCS Personnel Reclassification Actions), issued on 25 April 2006. This memorandum further elaborated on the memorandum issued by HRC on 29 October 2004. 14. He provided Orders Number 243-1029 issued by the TXARNG on 31 August 2007. These orders awarded him PMOS 96B3O, SMOS 96R3O, and Additional MOS (AMOS) 13S3O and withdrew PMOS 96R3O, SMOS 13S3O, and AMOS 11B3O, effective 24 August 2007. 15. He provided MILPER Message Number 08-250 (Update to Reclassification In/Out Calls), issued on 6 October 2008. This message was intended for reclassification purposes in conjunction with Army Regulations 614-200 (Enlisted Assignments and Utilization Management) and 601-280 (Army Retention Program), and Department of the Army Pamphlets 611-21 (MOCS) and 351-4 (U.S. Army Formal Schools Catalog). This message stated: a. In/Out calls are changed as needed based on the strength of the MOS; changes are immediately posted on the Army's Retain system. The In/Out call data on Retain takes precedence when a discrepancy exists between Retain and the current MILPER message. b. All requests for reclassification are processed through the unit retention office to HRC via the Retain system. c. Rules: Soldiers within 24 months of their expiration term of service (ETS) are only authorized to change their MOS through reenlistment; they are not eligible to request a voluntary reclassification; to be authorized reclassification out of current PMOS there must be a "Y" under the Out call column at the current grade; and To be authorized reclassification for a new MOS there must be a "Y" under the in column at the current grade. d. This identified the following Call In/Call Out data for the applicant's rank/grade of SSG/E-6: MOS CALL IN CALL OUT 11B Y N 13S N N 35F Y N 96B Not listed 96R Phased out of inventory 16. His record contains a DD Form 214 showing he served on active duty from 2 March to 25 September 2010 in MOS 96R. 17. He entered active duty on 26 September 2010. 18. Orders Number 005-1058 issued by the TXARNG on 5 January 2011 awarded him PMOS 35F (Intelligence Analyst) and SMOS 13T (Field Artillery Surveyor/Meteorological Crewmember). These orders withdrew PMOS 96R and SMOS 13T. 19. He was honorably released from active duty on 14 November 2011. His DD Form 214 shows he completed 1 year, 1 month, and 19 days of net active service, of which 9 months and 14 days were credited as foreign service. Additionally, his DD Form 214 indicates he served in Iraq from 26 November 2010 to 9 September 2011. 20. On 14 September 2011, he extended his enlistment for 3 years. 21. His record contains a notification for retired pay at age 60 (20-year letter), dated 1 December 2011. This letter informed him he had completed the required years of service to be eligible for retirement upon application at the age of 60. 22. His record contains a Notification of Enlisted Qualitative Retention Board (EQRB) Review issued by the TXARNG on 1 October 2012. This document’s intent was simply to notify him the EQRB would take place and inform him of the process and actions that were required on his part. 23. His record contains an NGB Form 22 (Report of Separation and Record of Service) showing he was honorably discharged from the ARNG on 16 July 2013, and transferred to the Retired Reserve in accordance with National Guard Regulation 600-200, paragraph 6-36r; because he was not selected for retention by a qualitative retention board. 24. Orders Number 231-026 issued by the TXARNG on 19 August 2013 discharged him from the ARNG and assigned him to the Retired Reserve effective 16 July 2013. 25. An advisory opinion, dated 8 May 2015, was obtained from the Chief, Personnel Policy Division, NGB. The advisory official recommended disapproval of the applicant's request for reevaluation of his potential for missed promotion opportunities and his final determination with respect to his retirement rank/grade of SSG/E-6. The advisory official stated: a. On 19 March 2000, the applicant was released from active duty, with immediate enlistment in the TXARNG. His DD Form 214 at the time of his separation from active duty indicated he held MOS 82C2O and 11B2O. His DD Form 214 also indicated he completed PLDC in 1995. He enlisted into the TXARNG in MOS 98C2O. b. On 1 July 2004, the applicant completed an MOS 96R qualification course. He was subsequently promoted to SSG/E-6 and awarded PMOS 96R3O, effective 14 August 2004. c. On 15 August 2004, he was ordered to active duty with the TXARNG, in support of Operation Iraqi Freedom. His DD Form 214 at the time of release from active duty on 30 January 2006 indicated the applicant completed BNCOC-Phase I in January 2006. d. On 17 May 2006, the applicant reported to the BNCOC-Phase II course, but did not begin training due to failure to meet height and weight standards. There is no evidence in his service records to show he completed any Noncommissioned Officer Education System (NCOES) courses above PLDC prior to retirement on 16 July 2013. e. In accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), dated 30 April 2010, which was in effect during the period in question, the applicant did not have the level of NCOES courses required to be eligible for promotion consideration to the next higher grade. The applicant was not promotable because he did not complete all the phases of BNCOC. f. This advisory opinion was coordinated with the Enlisted Policy Branch and the TXARNG concurred with this opinion. 26. The applicant responded to the advisory opinion stating: a. Following his return to TX after leaving the MOS 96R course, he was advised he should consider transferring to a new MOS since his MOS was being phased out. He completed the transfer from MOS 96B/35F in mid-2007; however, this was never reflected in SIDPERS. His records continued to reflect MOS 11B and 82C/13S as his secondary and PMOSs. The applicant was not moved into an active or promotable MOS until his MOS was officially changed in January 2011 while he was deployed to Iraq. b. During his deployment in September 2011, he began working on a warrant officer packet in an attempt to secure a better position. In January 2012, he received notification that his reservation for school was cancelled and he would not be attending the warrant officer training course. He also received the EQRB notification because he had not been promoted to sergeant first class (SFC)/E-7. The EQRB notification prompted him to retire after 23 years of total military service. c. He believes he missed several promotions and job opportunities, because from 2007 to 2013 the NGB and the ARNG failed to correct his service record. There were multiple positions he could have been moved into or promoted into to allow him to complete NCOES and gain further promotions. d. He previously submitted copies of his MOS award orders, dated 2007 and he has included another copy, dated January 2011. The copy dated in 2011 was completed after he filed an Inspector General (IG) complaint to fix his MOS, because MOS 96R was deleted from the Army inventory in 2009. e. He also feels the NGB has failed to address why he never attended an NCOES course after 2006. He held MOS 11B, 82C (reclassified to 13T), and 35F; the latter had been his DMOS since his enlistment in the ARNG in 2000. He would also like to point out that the failure to meet the weight standard in 2006 was the result of a 0.4% overage, and shortly after returning from BNCOC-Phase II the Army weight control regulation was changed to reflect that decimal percentages were no longer used to calculate a Soldier’s Body Mass Index (BMI). 27. The applicant did not provided any evidence to show how the TXARNG/NGB system or SIDPERS reflected his MOSs. Additionally, there was no evidence of record and the applicant did not provided any evidence pertaining to his height/weight or BMI measurements during BNCOC-Phase II. 28. Army Regulation 600-8-19 (versions: 21 July 2006, 11July 2007, 20 March 2008; and 30 March 2010 - in effect at the time) prescribed the policies and procedures governing promotion and reduction of Army enlisted personnel and are applicable to the Active Army, the ARNG/Army National Guard of the United States (ARNGUS), and the U.S. Army Reserve (USAR). a. Paragraph 1–27a. versions: 21 July 2006, 11July 2007, 20 March 2008, and 30 March 2010 provides the NCOES requirements for promotion and stated a Soldier must be a Warrior Leader Course (WLC) [PLDC] graduate or equivalent for recommendation to SSG and a BNCOC graduate for consideration eligibility to SFC. b. Paragraph 7-1c version 21 July 2006 provided that Soldiers in the selection objective of a promotion list will attend the course required for promotion to that grade. Versions: 11July 2007, 20 March 2008, and 30 March 2010 adds that Soldiers must meet the NCOES requirements as outlined in paragraph 1–27 to qualify for consideration by a promotion board. c. Paragraph 7–23b versions: 21 July 2006, 11July 2007, 20 March 2008, and 30 March 2010 provided that when selected for promotion and listed in the selection objective of the promotion lists, Soldiers are eligible for training provided they are in or will be concurrently assigned to positions authorized the higher grade and promoted as shown below. (1) SGTs with WLC [PLDC] credit are promotable to SSG and SSGs must successfully complete all phases [of BNCOC] before they may be considered and placed on the list for promotion to SFC. (2) SGTs may not be considered for promotion to SSG until they complete WLC [PLDC]. (3) SGTs with BNCOC credit (all phases) are promotable to SSG. (4) SSGs with BNCOC credit (all phases) are promotable to SFC. SFCs must successfully complete [the Advanced Noncommissioned Officer Course] ANCOC before they may be considered, and placed on the list for promotion to [master sergeant] MSG. (5) SSGs without BNCOC credit (all phases) cannot be considered for promotion to SFC. (6) SSGs with ANCOC credit are promotable to SFC. DISCUSSION AND CONCLUSIONS: 1. The applicant has made various arguments to address the fact that he was not promoted above the rank of SSG. These arguments include issues with his MOS being deleted from the Army, not being updated in SIDPERS, the NGB and TXARNG failure to send him to/or back to NCOES schools, and the fact that his BMI at BNCOC-Phase II was based on the overage of 0.4%. 2. Soldiers must accept a certain amount of responsibility with respect to their careers and promotions. There is no evidence of record and the applicant has not provided any evidence to show he made any serious attempts to reclassify/transfer to other units or MOS fields offering positions or promotion opportunities, such as PMOS 11B. Further, there is no evidence that he actively attempted to attend or requested to attend additional NCOES training to satisfy the requirements for his promotion to the next grade. 3. Army Regulation 600-8-19 (versions: 21 July 2006; 11 July 2007; 20 March 2008; and 30 March 2010 - in effect at the time) do not permit a Soldier to be promoted to the rank/grade of SFC/E-7 unless the Soldier has completed both phases of BNCOC. The applicant did not complete both phases of BNCOC; therefore, he was ineligible for promotion to SFC. 4. Based on the evidence of record, there is no indication that an error or injustice occurred in this case. 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) AR20150001408 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150001408 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1