ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20160015090 APPLICANT REQUESTS: Exception from the mandatory SSD-4 class from promotion to the next higher grade. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army National Guard Current Annual Statement * Army National Guard Retirement Points Statement Supplemental Detailed Report * Self- Authored Letter dated 12 August 2016 * Orders A-11-411111 * Orders 246-1000 * Orders 149-0161 * Orders 236-057 FACTS: 1. The applicant states he was "grandfathered" for the Structure Self-Development Level 4 course (SSD4) because he completed Advance Noncommissioned Officer Course (ANCOC) in 2002. He states in accordance with regulation, service members are supposed to be automatically enrolled in SSD-4, but he was not due to his assignment to the Warrior Transition Battalion. He was assigned to the Warrior Transition Battalion because he was in recovery from his injuries that occurred in combat. The applicant believes his records are unjust because he was not automatically enrolled as stated in the regulations nor was he informed of the regulation change which took effect on February 2015. He was promoted to master sergeant (MSG) but since retirement came after February 2015, it was denied. 2. On 12 August 2016, the applicant provided a self-authored letter to the Army Review Board Agency showing: * he requested to be advanced to the next highest grade that he would have obtained while on active duty if he had not been medically retired * he was retired on 25 July 2015 in the grade of Sergeant First Class (SFC/ E7) and held E7 while in the Ohio Army National Guard and while on Active Duty since August 2012 * per the provision of 10 USCS 1372, soldiers on a promotion list who are retired for physical disability or who are placed on the temporary disability retired list at the time of retirement for disability will be retired for disability at the promotion list grade * the effective date will be the day before placement on the retired list or Temporary Disabled Retired List (TDRL) regardless of cut-off scores, sequence numbers, or position availability * the applicant’s unit was activated for Afghanistan in March 2012, and he was injured shortly after due to combat * in August 2012 the applicant was assigned to Warrior Transition Battalion (WTB) * he was told due to his injuries sustained in combat he would automatically be promoted to the next higher grade * his time at WTB turned into three years which put his retirement after the date he was grandfathered on making the OHRNG Personnel Readiness Campaign Plan SSD-4 mandatory because he completed his NCOES/ANCOC Schools in 2002 * according to the Readiness Campaign Plan, service members are automatically enrolled in SSD-4 upon completion of school such as ANCOC * he was not automatically enrolled and being assigned away from his unit, the changes were not presented to him so he could obtain the SSD-4 course needed for his promotion * according to his unit, he was already promoted within the State, therefore he was removed from the promotion list in 2015 * he provided the state with his retirement orders, and his promotion would be effective on the date of separation from the military * due to his retirement date, he was not promotable due to changes in regulation * he is requesting a correction be made so he can retire in the grade of Master Sergeant (MSG/E8) with the effective date of 26 July 2015 3. The applicant provided his Army National Guard Current Annual Statement and Army National Guard Retirement Points Statement Supplemental Detailed Report it shows: * the highest grade the applicant held was E7 * he has accumulated 4928 points and 28 years, 8 months and 7 days creditable service toward eligibility for retired pay * he received 23 active duty points 4. A review of the applicant records shows: * 8 September 1990, the applicant enlisted in the National Guard * 1 December 2006, he received notification he completed the required year of service and he was eligible for retirement at the age of 60 * 18 August 2010, the applicant was promoted to SFC * 1 February 2012, the applicant was placed on active orders * 14 November 2014, orders A-11-411111 shows the applicant was ordered to be retained on Active Duty and assigned to WTB * 29 May 2015, orders 149-0161 shows the applicant was released from his assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit placement on the TDRL * 25 July 2015, the applicant was honorably retired and placed on TDRL * he completed 24 years, 10 months and 18 days of net service * he completed 28 years, 8 months and 7 days of total service for retired pay * 3 September 2015, orders 246-1000 show the applicant was honorably discharged from the National Guard Bureau and placed on the TDRL 5. On 5 February 2019 the Army Review Board Agency received an advisory opinion from the National Guard Bureau which shows: * the National Guard Bureau recommends disapproval * 13 May 2002, the applicant completed Motor Transportation Operator ANCOC * 18 August 2010, he was promoted to SFC * 24 March 2012, he was active in support of Operation Enduring Freedom * 30 July 2012, he was evacuated out of theater; assigned to USA MEDDAC in KY * 3 August 2012, he was reassigned to the US Army Transition Center * 25 July 2015, he was placed on TDRL * 26 July 2015, he was permanently retired with a physical disability and removed from TDRL at the rank of SFC * there is sufficient evidence the applicant was not eligible for promotion because he completed ANCOC, but did not complete SSD-4 in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-28 * the applicant was in a non-promotable status because of an adverse action flag * National Guard Bureau Enlisted Policy Branch concurs with the recommendation * Ohio Army National Guard Bureau concurs with this recommendation 6. On 17 February 2019 the applicant provided a rebuttal to the advisory opinion disapproving two judgments: a. On not completing SSD-4 as of February 2015, he reports he was grandfathered in and therefore was not required to complete the course. In addition the transition unit he was assigned to did not inform him the regulations had changed, so he was unaware of the change. b. Regarding his adverse action flag, he was erroneously flagged by his unit for just cause action, he contacted his unit about the action and was told the flag will remain in effect, after two years the State sergeant Major was contracted and the flag was removed, the flag was removed months prior the applicant being medically retired. c. the applicant hopes that providing this information provides further guidance and a change to approval for his promotion to Master Sergeant according to regulation. 7. Army Directive 2013-15 (Noncommissioned Officer Promotions), dated 1 July 2013 states effective 1 January 2014 “In addition to the existing criteria for promotion outlined in Army Regulation 600-8-19, Soldiers must complete SSD courses as follow: c. All Components: (5) sergeant first class must complete SSD level 4 to attain eligibility for promotion consideration to MSG.” 8. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) shows a. Development of our NCO Corps is an essential element of our institutional success. The policies set forth in this regulation support the accumulation of training, education, and experiences while encouraging lifelong learning in an effort to develop NCO leader competencies. The intent is to achieve a synchronized relationship between NCOES and promotions that is deliberate, continuous, sequential, and progressive in order to produce competent, confident, and versatile leaders for a 21st Century Army. All SFC (all components) must complete SSD level 4 before attaining eligibility for promotion consideration to MSG. b. Soldiers on a promotion list who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the temporary disability retired list (TDRL) (10 USC 1202 or 1205) at the time of retirement for disability will be retired for disability at the promotion list grade. The soldier will be promoted effective the day before placement on the retired list or TDRL, the soldier must otherwise be fully eligible for promotion. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the applicant not being educational qualified to be promoted based upon the SSD-4 requirement, the Board concluded that relief was not appropriate. In making this decision, the Board concluded that the applicant provided insufficient evidence to show why he failed to complete the educational requirement; therefore, recommending denying the applicant’s request for relief. 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 600-8-19 (Enlisted Promotions and Reductions) shows a. Development of our NCO Corps is an essential element of our institutional success. The policies set forth in this regulation support the accumulation of training, education, and experiences while encouraging lifelong learning in an effort to develop NCO leader competencies. The intent is to achieve a synchronized relationship between NCOES and promotions that is deliberate, continuous, sequential, and progressive in order to produce competent, confident, and versatile leaders for a 21st Century Army. All SFC (all components) must complete SSD level 4 before attaining eligibility for promotion consideration to MSG. b. Per the provisions of 10 USC 1372, Soldiers on a promotion list who are retired for physical disability (10 USC 1201 or 1204) or who are placed on the temporary disability retired list (TDRL) (10 USC 1202 or 1205) at the time of retirement for disability will be retired for disability at the promotion list grade. The Soldier will be promoted effective the day before placement on the retired list or TDRL regardless of cutoff scores sequence numbers, or position availability. In all cases, the Soldier must otherwise be fully eligible for promotion. 7. Army Directive 2013-15 (Noncommissioned Officer Promotions), dated 1 July 2013 states effective 1 January 2014 “In addition to the existing criteria for promotion outlined in Army Regulation 600-8-19, Soldiers must complete SSD courses as follow: c. All Components: (5) sergeant first class must complete SSD level 4 to attain eligibility for promotion consideration to MSG ABCMR Record of Proceedings (cont) AR20160015090 0 5 1