BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160005259 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: 13 June 2017 DOCKET NUMBER: AR20160005259 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. BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160005259 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 restoration of his rank and pay grade to sergeant first class (SFC/E-7) with his original date of rank and associated back pay. 2. The applicant states he was selected for an E-7 position by a State Active Guard Reserve (AGR) hiring board. Since he was fully qualified and on the appropriate promotion list, orders were published promoting him to SFC/E-7 effective 26 September 2014. Shortly thereafter, his promotion orders were revoked because the AGR branch had not followed the requirements for lateral and/or excess transfers to fill AGR vacancies. Current regulations and the State Inspector General (IG) support his promotion regardless of his sequence number on the California Army National Guard (CAARNG) Enlisted Promotion System (EPS) list. 3. The applicant provides: * CAARNG Orders 269-1000, dated 26 September 2014 * CAARNG Orders 273-1135, dated 30 September 2014 * CAARNG Statewide Vacancy Announcement Number 124-14, opening 7 August 2014 for a duty military occupational specialty (MOS) 00F4O (MOS Immaterial) in pay grade E-7 * Headquarters, CAARNG, memorandum for Headquarters, CAARNG, G-1, dated 30 May 2014, subject: Eligible Military Occupational Skills (MOS) for 00F4O, Paragraph/Line 200/12, Administrative Specialist * CAARNG EPS AGR E-7 List, starting 8 January 2016 CONSIDERATION OF EVIDENCE: 1. The applicant was serving in a State AGR position with the CAARNG in the rank of staff sergeant (SSG), pay grade E-6. 2. A vacancy announcement for a full-time AGR position in MOS 00F4O opened on 7 August 2014 and closed on 22 August 2014. 3. CAARNG Orders 269-1000, dated 26 September 2014, show the applicant was promoted to SFC/E-7 in duty MOS 00F4O on 9 September 2014. 4. On 30 September 2014, CAARNG Orders 273-1135 revoked that promotion. 5. The CAARNG IG report states an anonymous letter was received on 26 September 2014 requesting an investigation into the applicant's unauthorized promotion. Following an investigation, research determined the applicant had been in the subject position as an SSG and was still in that position as an SSG. It noted a promotion priority sequence list was published in a California circular and was not followed. a. The established sequence for selection as defined in the circular was command-directed, not a priority placement (not into a higher grade); lateral from excess, EPS list, and the vacancy announcement. b. The current situation gave the appearance of preselection for promotion, especially when the applicant was number 14 on the EPS list. c. The IG investigator noted, "Spoke with AGR branch and G1 EPM [Enlisted Personnel Management] about process of the [MOS] 00F vacancy list which has a priority fill criteria listed in California Circular 135-18. This was not followed by AGR branch." d. The leadership of the AGR section acknowledged they had acted improperly and would notify the Chief of Staff. 6. The IG inquiry concluded, "Since the process was not followed, AGR branch went to the CoS [Chief of Staff] to let them [sic] know of the error in the process and [Applicant's] promotion orders to SFC have been revoked as of 8 October 2014. [Applicant] is still in an E7 slot at this time, which before he was in a [sic] SSG Slot under PARA [paragraph/line number] 201/03." 7. The CAARNG EPS List, starting 8 January 2016, shows the applicant was number 5 on the California State AGR Promotion List at that time. 8. The Commanding General, CAARNG, issued a memorandum to the applicant on 29 February 2016 explaining why his 2014 promotion was contrary to policy and had to be revoked. 9. Effective 27 August 2016, the applicant was promoted to SFC/E-7 by the CAARNG in duty MOS 00F4O. REFERENCES: 1. National Guard Regulation 600-5 (The AGR Program Title 32, Full Time National Guard Duty (FTNGD) Management) prescribes procedures for selecting, assigning, managing and administering ARNG of the United States (ARNGUS) personnel serving on FTNGD in an AGR status under the provisions of Title 32, U.S. Code, section 502(f). The purpose of convening a selection panel is to create an impartial panel to fairly and thoroughly examine an individual’s credentials. The selection panel is required to determine the "best qualified" applicant for an AGR authorized vacancy. AGR career status is the continuation beyond the initial period or service in an AGR status for a period of more than 6 years. The AGR force is managed under the Department of Defense Instruction 1205-18 (Full-time Support to the Reserve Components). Career management positions are designated as enlisted positions SSG and above. These career management positions will be competed for fill among AGR Soldiers prior to competition to non-AGR Soldiers. Competition includes the EPS outlined in Army Regulation 600-8-19 (Enlisted Promotions and Reductions). 2. Army Regulation 600-8-19 prescribes the policies and procedures governing promotions and reductions of Army enlisted personnel, to include the ARNGUS and Army Reserve. The EPS is designed to help fill authorized enlisted vacancies with the "best qualified" Soldiers who have demonstrated potential to serve in the next higher grade. It provides for career progression in line with each Soldier’s potential. Chapter 7 is used in concert with National Guard Regulation 600-5. States are not authorized to supplement this chapter without prior written approval by the National Guard Bureau. DISCUSSION: 1. The applicant contends he should be restored to the rank and pay grade of SFC/E-7, and that his initial promotion was in accordance with the governing State directive and that the CAARNG IG supported his position. 2. Notwithstanding his argument, the State IG inspection clearly established the applicant's promotion to SFC/E-7 in 2014 was contrary to established regulations and its revocation was appropriate. It appears the applicant was on a standing promotion list to SFC/E-7 in 2014. He was preselected for a unit vacancy promotion without due consideration to the numeric sequencing of the promotion list, which is a violation of the referenced regulations. The Commanding General, CAARNG, also noted the applicant was promoted out of sequence in 2014, which meant other eligible Soldiers within the AGR force were not provided an opportunity for promotion. As promotions are based on the "best qualified" criteria, it appears there were other Soldiers who warranted promotion consideration in 2014 for the announced vacancy who were higher on the promotion list. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005259 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005259 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2