ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 July 2019 DOCKET NUMBER: AR20160017289 APPLICANT REQUESTS: Correction of his record to show he was promoted to the rank/grade of staff sergeant (SSG)/E-6 retroactive to February 2010. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 073-905, dated 13 March 2012 * Orders Number 095-955, dated 4 April 2012 * Orders Number 282-065, dated 9 October 2007 * Orders Number 101-911, dated 11 April 2014 * Memorandum, Subject: Request for Adjusted Date of Rank (DOR) for the applicant, dated 7 April 2016 * Personnel action tracker screenshot * Enlisted Record Brief (ERB) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was hired on Active Guard/Reserve (AGR) in the Ohio Army National Guard (OHARNG) with a start date of 1 February 2012. Prior to the AGR start date, he held the DOR of SSG with an effective date 25 November 2007. In order for him to accept the AGR position, he had to take a voluntary reduction to sergeant (SGT)/E-5. During this time, he spent two years as the 1st Battalion, 145th Armored Regiment's medical readiness noncommissioned officer. On 10 April 2014, he was selected for promotion back to SSG with the 285th Area Support Medical Company, and he was not given an adjusted DOR back to SSG. His DOR is 10 April 2014. According to AR 600-8-19 (Enlisted Promotions and Reductions), chapter 1, Paragraph 1-13i "Reserve Component (RC) Soldiers reduced voluntarily per chapter 10 will receive an adjusted DOR when promoted again to their former rank." b. When he was promoted back to SSG in April 2014, AR 600-8-19 stated that ARNG Soldiers would not receive an adjusted DOR once promoted back to their rank that they held prior to the voluntarily reduction. In March 2015 the regulation changed to allow the adjusted DOR for Soldiers voluntarily reduced "RC Soldiers reduced voluntarily per chapter 10 will receive and adjusted DOR when promoted again to their former rank." He believes he should be allowed an adjusted DOR based on the current version of AR 600-8-19, which would be 3 February 2010. Not allowing him to have this adjusted DOR, will not allow him to compete for promotion due to the reflection of his current DOR in accordance with the implementation of the Army's select, train, educate, promote system, as he is not eligible to go onto the promotion list and compete for a sergeant first class (SFC)/E-7 position until he has 36 months’ time in grade. He has completed his professional military education in order to be placed on the promotion list. He previously submitted a request to the State of Ohio Joint Force Headquarters requesting his DOR be adjusted, and this request was denied. 3. A review of the applicant’s service records show the following on: * 17 December 2005 – having had prior enlisted service in the Regular Army, the applicant enlisted into the OHARNG * 9 October 2007 - Orders Number 282-065, issued by the Adjutant General’s Department, promoted the applicant to the rank of SSG effective 25 November 2007 * 25 January 2012 – Orders Number 025-1000, issued by the Adjutant General’s Department, ordered the applicant to full time National Guard duty, effective 1 February 2012 * 13 March 2012: * Orders Number 073-904, issued by the Adjutant General’s Department transferred the applicant to Headquarters and Headquarters Company, 1st Battalion, 145th Armored Regiment by reason of AGR new hire from job posting * Orders Number 073-905, issued by the Adjutant General’s Department reduced the applicant from SSG to SGT by administrative reason in accordance with AR 600-8-19, paragraph 10-5 * 11 April 2014 – Orders Number 101-911, issued by the Adjutant General’s Department promoted the applicant to SSG, effective 10 April 2014 4. The applicant provides: * Orders Number 095-955, issued by the Adjutant General’s Department showing his reduction in rank to SGT was amended to reflect the change in administrative authority from AR 600-80-19, paragraph 10-5 to paragraph 10-19a * Memorandum, Subject: Request for Adjusted DOR for the applicant wherein the applicant’s immediate commander requested the applicant’s DOR be adjusted based on the regulatory guidance and his previous time served as a SSG * Personnel action tracker screenshot showing the status of the applicant’s request for adjustment of his DOR * ERB showing the applicant’s DOR for his current promotion to SSG being 10 April 2014 5. On 6 May 2019, the National Guard Bureau (NGB) reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Special Actions Branch opined that, there was sufficient evidence the applicant was eligible for promotion in accordance with AR 600-8-19. His DOR should be backdated to 3 February 2010. Recommend approval of the applicant’s promotion to the rank of SSG/E-6 be backdated to 3 February 2010. The NGB Enlisted Policy Branch concurred with the recommendation. A copy of the complete advisory opinion has been provided to the Board for their review and consideration 6. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 7. AR 600-8-19 in effect at the time states in: a. Paragraph 1-13i states ARNG Soldiers reduced voluntarily per chapter 10 will not receive an adjusted DOR when promoted again to their former grade. b. paragraph 10-19 a Soldier on AGR status may request a voluntary reduction to one pay grade below that currently held to qualify for a new tour position. A Soldier may volunteer for reduction to one or more lower pay grades for entry on AGR status. The DOR will be the date of the grade to which reduced as if the Soldier had never attained a grade higher than that to which reduced. c. AR 6008-19, dated 2 February 2015, paragraph 1-13i states RC Soldiers reduced voluntarily per chapter 10 will receive an adjusted DOR when promoted again to their former rank. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the advisory opinion. The Board considered the applicant’s voluntary reduction in grade (to SGT) and subsequent promotion to SSG on 10 April 2014, the conclusions of the advising official and the applicable regulations. The Board determined that the applicant was eligible for an earlier DOR, having completed the required Professional Military Education (SSD2) and the Advanced Leaders Course. The Board agreed with the corrected date of rank as stated in the advisory opinion. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending State of Ohio Orders Number 101-911 dated 14 April 2014 to show an effective date and Date of Rank for promotion to Staff Sergeant as 3 February 2010. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-8-19 (Enlisted Promotions and Reductions) in effect at the time states in: a. Paragraph 1-13i states ARNG Soldiers reduced voluntarily per chapter 10 will not receive an adjusted DOR when promoted again to their former grade. b. paragraph 10-19 a Soldier on AGR status may request a voluntary reduction to one pay grade below that currently held to qualify for a new tour position. A Soldier may volunteer for reduction to one or more lower pay grades for entry on AGR status. The DOR will be the date of the grade to which reduced as if the Soldier had never attained a grade higher than that to which reduced. c. AR 6008-19, dated 2 February 2015, paragraph 1-13i states RC Soldiers reduced voluntarily per chapter 10 will receive an adjusted DOR when promoted again to their former rank. ABCMR Record of Proceedings (cont) AR20160017289 4 1