ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 September 2019 DOCKET NUMBER: AR20170006024 APPLICANT REQUESTS: reconsideration of his earlier request for promotion to Sergeant First Class (SFC)/E-7 in the Massachusetts Army National Guard (MAARNG), while in the Active Guard and Reserve (AGR) program APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * excerpt from National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) dated 1 March 1997 * excerpt from Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) dated 1 May 2000 * memorandum from MAARNG dated 15 December 1999, subject New staff sergeant (SSG) /E-6 and SFC Enlisted Personnel Promotion System (EPPS) rosters for Fiscal Year (FY) 2000 * NGR 600-5 (The Active Guard Reserve (AGR) Program Title 32, Full Time National Guard Duty (FTNGD) Management) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140019517 on 21 July 2015 and AR20150015627 on 9 March 2017. 2. The applicant states the he was wrongfully denied promotion to SFC/E-7 by an evil chain of command. He did not request relief earlier, due to fear of the evil chain of command that threatened his life and that of his family. He feels that he was wrongfully denied promotion to SFC/E-7, which was unjust and is requesting reconsideration by the Board. His contention that the new evidence provided is sufficient proof to warrant his promotion to SFC/E-7, with the date of rank (DOR) of 1 June 1998, but he would be willing to accept the DOR of 1 May 2000. Subsequent to the promotion to SFC/E-7, he requests all back pay and allowances and to be entered on the retired list as a SFC/E-7 with the date of retirement of 1 August 2004. 3. The applicant provides: a. Excerpt from NGR 600-200, which states SSGs who completed Reserve Component-Advanced Noncommissioned Officer Course (RC-ANCOC) in Inactive Duty Training (IDT) status and entered AGR status, may be promoted to SFC under this position when selected by a SFC promotion board in AGR status and assigned to an SFC position. They are fully Noncommissioned Officer Education System (NCOES) qualified to master sergeant (MSG) based on that course when selected by a MSG promotion board in AGR status and assigned to a MSG position. b. Excerpt from NGR 600-5, paragraph 3-2(b), dated 21 September 2015, which states these positions will be completed for fill among current AGR Soldiers prior to competition to non-AGR Soldiers. Competition includes, but is not limited to, the use of State-developed promotion processes that identify noncommissioned officers by name, for assignment to higher graded positions and the Enlisted Promotion System (EPS) outlined in AR 600-8-19. Within NGR 600-5 dated 21 September 2015 listed AR 600-8-19 as a reference in appendix A. Though the Board stated that AR 600-8-19 is an active duty regulation and did not apply to ARNG AGR members. c. Memorandum from the MAARNG, dated 15 December 1999, subject New SSG/ E-6 and SFC Enlisted Personnel Promotion System (EPPS) rosters for FY 2000. The roster shows the applicant at the top of the roster for the 75H military occupational specialty (MOS) with 736 points. Incumbent Soldiers on these rosters who are in valid (not excess) slots and have net their corresponding NCOES requirements should be promoted immediately per this TAG directive. d. ARNG Enlisted Promotion Guidelines dated 23 September 2010, which states enlisted Soldiers have strict guidelines by which they will be promoted and are governed by AR 600-8-19 dated 30 April 2010, chapters 1 (Introduction), chapter 2 (Decentralized Promotions), chapter 7 (Enlisted Promotion and Reduction of Army National Guard Personnel), chapter 10 (Reductions in Grade), and chapter 11 (Battlefield Promotions). 4. A review of the applicant’s service record shows: a. He enlisted in the Massachusetts Army National Guard (MAARNG) on 18 May 1977. b. MAARNG Order Number 135-2 dated 27 June 1977 ordered the applicant to active duty for training (ADT) to attend one station unit training for the MOS 12B (Engineer) on 7 August 1977. c. He was released from active duty on 4 November 1977 with an honorable characterization of service for relief from ADT. His DD Form 214 (Report of Separation from Active Duty) shows he completed 2 months and 28 days of net active service. d. MAARNG Order Number 49-2 dated 17 November 1983 promoted the applicant to the rank of SSG/E-6 in the MOS of 12B with the DOR 17 November 1983. e. DA Form 1059 dated 2 November 1984 shows the applicant successfully completed RC-ANCOC in the MOS 12B during the period of 22 October to 2 November 1984. f. MAARNG Order Number 6-11 dated 9 January 1985, ordered the applicant to full time duty in AGR status effective 9 January 1985 for a period of 1 year in the MOS of 12B. g. DA Form 1059 dated 12 December 1985 shows the applicant successfully completed Basic Noncommissioned Officer Course (BNCOC) in the MOS of 76Y during the period of 14 March to 12 December 1985 in a non-resident status. h. MAARNG Order Number 257-25 dated 31 December 1985 ordered the applicant to full time duty in AGR status effective 8 January 1986 for a period of 3 years in the MOS 12B. i. DA Form 1059 dated 12 November 1986 shows the applicant successfully completed BNCOC in the MOS of 76Y during the period of 8 September to 31 October 1986 in a resident status. j. MAARNG Order Number 90-44 dated 4 May 1988 ordered the applicant to full time duty in AGR status effective 1 February 1988 for a period of 11 months and 8 days in the MOS of 76Y. k. MAARNG Order Number 228-6 dated 14 November 1988 ordered the applicant to full time duty in AGR status effective 9 January 1989 for a period of 3 years in the MOS of 76Y. l. MAARNG Order Number 226-24 dated 26 November 1991 ordered the applicant to full time duty in AGR status effective 9 January 1992 for a period of 6 years in the MOS of 76Y. m. MAARNG Order Number 31-10 dated 16 February 1994 ordered the applicant to full time duty in AGR status effective 16 January 1994 for a period of 3 years, 11 months, and 22 days in the MOS of 76Y. n. DA Form 1059 dated 13 April 1997 shows the applicant successfully completed phase I of 75B reclassification course during the period of 4 January to 13 April 1997. o. DA Form 1059 dated 26 September 1997 shows the applicant successfully completed phase II of 75B reclassification course during the period of 13 September to 26 September 1997. p. MAARNG Order Number 364-4 dated 30 December 1997 ordered the applicant to full time duty in AGR status effective 9 January 1998 for 4 years in the duty MOS of 75H formerly 75B with the primary MOS of 92Y formerly 76Y. q. MAARNG Order Number 29-1 dated 31 July 1998 promoted the applicant to the grade of SFC/E-7 in the MOS of 75H effective 1 June 1998 with the DOR of 1 June 1998 under the provisions of NGR 600-200, paragraph 11-32. r. MAARNG Order Number 31-1 dated 11 August 1998 revoked MAARNG Order Number 29-1 that promoted the applicant to SFC/E-7. s. MAARNG Order Number 251-13 dated 8 September 2002 reassigned the applicant effective 2 August 2002 to Headquarters and Headquarters Company, 101st Engineer Battalion. t. On a DA Form 4836 (Oath of Extension or Reenlistment), dated 2 July 2003, the applicant extended his enlistment for 1 year to obtain a new expiration term of service of 15 July 2005. u. MAARNG Order Number 126-29 dated 5 May 2004 reassigned the applicant to Headquarters and Headquarters Battery effective 23 April 2004 in the duty MOS of 13F with the primary MOS of 75H, and advised him that he has 12 months to become MOS qualified for the new duty MOS. v. MAARNG Order Number 21-9 dated 21 January 2004 reassigned the applicant effective 31 July 2004 to the transition point at Fort Monmouth, NJ. w. He was released from active duty on 31 July 2004 with an honorable characterization of service under the provisions of AR 635-200 (Active Duty Enlisted Administrative Separations), chapter 12 (Sufficient Service for Retirement). His DD Form 214 shows that he completed 19 years, 6 months, and 22 days of active service. x. MAARNG Order Number 21-6 dated 21 January 2004 reassigned the applicant to the United States Army Reserve (USAR) Control Group (Retired Reserve) effective 31 July 2004 in the rank of SSG/E-6 and to be placed on the retired list 1 August 2004. 5. He applied to the Army Board for Corrections of Military Records (ABCMR) for promotion to SFC/E-7 on 21 July 2015, the ABCMR determined that the evidence presented did not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case were insufficient as a basis for correction of the records of the individual concerned. 6. He applied to the Army Board for Corrections of Military Records (ABCMR) for promotion to SFC/E-7 on 9 March 2017, the ABCMR determined that the evidence presented did not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case were insufficient as a basis for correction of the records of the individual concerned. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. The Board considered the applicant's arguments and the evidence he provided. His claim that he was educationally qualified for promotion to SFC/E-7 based on the NCOES courses he had completed is noted. In the previous two considerations of his case, the Board determined that to be eligible for promotion to SFC/E-7 as an AGR Soldier, the applicant would have had to complete the Active Component ANCOC or the Reserve Component ANCOC and the ARNG Battle Skills Course. Although the record clearly shows the applicant successfully completed several NCOES courses, the record does not show that he completed the course(s) he needed to complete to be promoted to SFC/E-7 as an AGR Soldier. This appears to be the basis for the revocation of the order that promoted him to SFC/E-7 in 1998. A preponderance of the evidence supports the conclusion that the applicant did not become eligible for promotion to SFC/E-7 during his service as an AGR Soldier. 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 Board determined the evidence presented is insufficient to warrant amendment of the ABCMR's decision in Docket Number AR20140019517, dated 21 July 2015, or in Docket Number AR20150015627, dated 9 March 2017. 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 (AR) 600-200 (Enlisted Personnel Management System), in effect at the time, states the selection for advancement, promotion, and appointment of enlisted Soldiers on active duty, reserve component USAR and ARNGUS and Army of the United States (AUS personnel without component who serve on initial active duty for training or who serve on active duty in a Federal status in excess of 1 year before the convening date of the Department of the Army Centralized Promotion Selection Board in the grades of E7 through E9. 2. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, states this regulation applies to the active army. It also applies to the United States Army Reserve (USAR) enlisted Soldiers who are serving on active duty and are counted against the end strength of the active army (sergeant (SGT) – sergeant major (SGM) promotions). It also applies to reserve of the Army Soldiers serving on initial active duty for training. It does not apply to Army National Guard of the United States Soldiers on full time National Guard duty (FTNGB), USAR Soldier on active duty for training, active duty for special work, a temporary tour of duty serving as a reservist on active duty of full time National Guard duty on Active Guard Reserve (AGR) status. 3. National Guard Regulation (NGR) 600-5 (The Active Guard Reserve (AGR) Program Title 32, Full Time National Guard Duty (FTNGD) Management), in effect at the time, professional development is the joint responsibility of AGR Soldiers, their commanders and supervisors. Each Soldier will be provided an opportunity to complete education requirements through attendance at active component schools and the National Guard Professional Education Center. Command and leadership assignments are vital to providing leadership experience for AGR Soldiers. The command and leadership program is not intended to provide full time commanders or leaders for units. For promotion AGR Soldiers will meet promotion requirements of NGR 600-200, chapter 6 and be in a support personnel manning document (SPMD) position requiring a higher grade. Enlisted Soldier will retire in the grade held on the date of retirement in accordance with AR 635-200, chapter 12. 4. National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), in effect at the time, states for promotion to SFC a Soldier must be in promotable status and be select as best qualified by a board, the promotion authority may waive not more than one half of the time in grade or 2 years of time in service for Soldier who have demonstrated outstanding ability and potential. At least five of the 11 years will be enlisted service, the promotion will not cause the number of assigned SFC to exceed the number authorized in that unit. The promotion to SGT through SGM will be limited by the availability of MTOE/TDA and authorized reserve component over strength position vacancies. A position vacancy (vacant now or scheduled to be vacant within 1 year) must exist for the rank and MOS for which being recommended for promotion and before consideration by a board. As a result of board action, a Soldier may hold best qualified status only up to 1 year against projected vacancies. Except for AGR, promotion authorities may waive the position vacancy requirement for Soldiers with at least 5 years time in service. AGR are required to be graduates of active component basic noncommissioned officer course (AC BNCOC) prior to consideration by the promotion board for consideration to SFC/E-7. ABCMR Record of Proceedings (cont) AR20170006024 6 1