ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 May 2019 DOCKET NUMBER: AR20170004848 APPLICANT REQUESTS: promotion to E-7. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 22 (National Guard Report of Separation and Record of Service) * Physical Disability Information Report * Memorandum for National Guard Bureau (NGB) from Army Review Boards Agency (ARBA) * Order Number 117-882 * Memorandum for ARBA from NGB * Senior Non-Commissioned Officer Promotion Boards Memorandum of Instruction and Attachments FACTS: 1. The applicant states that during the 2014 promotion cycle he was number one on the list and accepted a request to fill an E-7 opening. He was going through a fit for duty determination and could not extend his enlistment. He was denied his promotion because he did not have two years remaining on his contract. His interpretation of the applicable regulations is that a Soldier that is going through a medical evaluation should be promoted conditionally if eligible while going through the process. 2. The applicant provides: a. Memorandum for NGB from ARBA requesting a determination of eligibility for the applicant to promote to E-7. b. Senior Non-Commissioned Officer Promotion Boards Memorandum of Instruction and additional attachments that set out guidance for the promotion of senior non- commissioned officers. 3. A review of the applicant's records shows: a. He enlisted in the ARNG on 28 December 1989. b. He achieved the grade of E-6 on 26 September 2007. c. A Physical Disability Information Report shows he retired at the grade of E-6 with 60% disability. d. Order Number 117-882 discharging the applicant from the Army National Guard (ARNG) with an effective date of 22 July 2015, in the rank of SSG. e. National Guard Bureau (NGB) Form 22, which shows he was honorably separated on 22 July 2015 and was placed on the permanent disability retired list. He completed 14 years, 5 months, and 19 days of ARNG service during this period. This form shows his rank/grade as SSG/E-6 and his date of rank as 26 September 2007. f. There is no indication in the applicant's records that confirms he was in a promotable status. g. Memorandum for ARBA from NGB stating that the reason the applicant was denied promotion was because he did not complete the required development courses for promotion. In this case, he did not complete the Structured Self Development (SSD) course nor the Advanced Leaders Course, both of which are required for promotion. In essence, his non-promotion to E-7 has nothing to do with the fact that he was medically separated. 4. By regulation (AR 600-8-19): a. Completion of SSD 3 and Advanced Leaders Course is an eligibility requirement for promotion consideration to E-7. b. Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The applicant’s contentions and the advisory opinion were carefully considered. The applicant did not complete required military education courses, and was therefore not eligible for promotion to SFC. He was not on a promotion selection list when he medically retired. The Board concurred with the advisory opinion, and also concluded there was no error or injustice in this case. 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. 6/3/2019 CHAIRPERSON Signed by 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. Title 10, U.S. Code Section 1372, provides unless entitled to a higher retired grade under some other provision of law, any member of an armed force who is retired for physical disability under section 1201 or 1204 of this title, or whose name is placed on the temporary disability retired list under section 1202 or 1205 of this title, is entitled to the grade equivalent to the highest of the following: a. The grade or rank in which he is serving on the date when his name is placed on the temporary disability retires list or, if his name was not carried on that list, on the date when he retired. b. The highest temporary grade or rank in which he served satisfactorily as determined by the Secretary of the armed force from which he is retired. c. The permanent regular or reserved grade to which he would have been promoted had it not been for the physical disability for which he is retired and which was found to exist as a result of his physical examination for promotion. d. The temporary grade to which he would have been promoted, had it not been for the physical disability for which he is retired, if eligibility for that promotion was required to be based on cumulative years of service or years of service in grade and the disability was discovered as a result of his physical examination for promotion. 2. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. Chapter 3, Semi-centralized Promotions governs the promotion system for active Army and Reserve Soldiers. It states, the Soldier will be recommended for promotion and the promotion authority will approve or disapprove the recommendation. Section 1-27 states that development of the 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. Completion of SSD 3 and Advanced Leaders Course is an eligibility requirement for promotion consideration to E-7. It also states: a. Paragraph 1-20(c) states while in the Disability Evaluation System (DES), Soldiers will not be required to maintain their Army Physical Fitness Test (APFT) or weapons qualification for the purpose of promotion eligibility or pin-on. b. Paragraph 1-20(e) states per the provisions of Title 10 U.S. Code, section 1372, Soldiers on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. Further, the Soldier will be promoted to the designated grade effective the date before placement on the retired list. c. Paragraph 3-1e states the records managers are responsible for personnel information management (both personnel and training data accuracy and timeliness). Data accuracy ensures promotion points are reflective is a Soldier’s actual achievements and accomplishments. Each Soldier bears a personal responsibility to ensure their records are accurate and reflect all information necessary to compute accurate promotion scores. 3. AR 600-200 (Enlisted Personnel Management) sets the policies, standards, and procedures for the separation of enlisted Soldiers from the ARNG/ARNGUS. The ARNG/ARNGUS makes a substantial investment in training, time, equipment, and related expenses when persons enter into military service. Separation prior to the completion of an obligated period of service is wasteful because it results in loss of this investment and generates a requirement for increased accessions. a. Chapter 3-13 states that a SFC, MSG and SGM will not be utilized (assigned) in a lower graded position. These Soldiers must be reassigned to positions commensurate with their grades or be involuntarily reduced and assigned to vacant lower graded positions. However, when there are no vacancies for which they are eligible due to reorganization, these Soldiers may be assigned overgrade or excess to unit requirements for a maximum of one year. Exceptions for extension will be considered in meritorious cases. Commanders at all levels will review these Soldiers at least monthly for reassignment to authorized positions in the proper grades. These Soldiers must be MOS qualified for the position. Promotion authorities may not fill positions by promotion if overgrade or excess personnel are available. b. All involuntary administrative separations require commanders to notify Soldiers concerning intent to initiate separation procedures per paragraph 6-32. All Soldiers being involuntarily separated will be afforded a reasonable opportunity to provide a written response for consideration by the separation authority. Characterization of service will be per applicable State codes. //NOTHING FOLLOWS//