ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 19 July 2019 DOCKET NUMBER: AR20180014177 APPLICANT REQUESTS: * change date of rank (DOR) for Staff Sergeant (SSG) to 16 June 2018 * back pay from 16 June 2018 * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * personnel slots in the Virginia Army National Guard (VAARNG) * reassignment orders * Self-Structured Development (SSD) II course completion certificate * Advanced Leader's Course (ALC) course completion certificate * SSD III course completion certificate * Army Achievement Medal (AAM) certificate * Noncommissioned Officer Evaluation Report (NCOER) * memorandum subject New Implementation Guidance for ARNG Enlisted Promotion (PPOM #18-01) FACTS: 1. The applicant states: * he requests promotion orders to SSG be dated effective 16 June 2018 * he believes there were administrative errors made as per Army Regulation 600-8-19 and the New Implementation Guidance for ARNG Enlisted Promotions * his DOR and effective date of promotion should be 16 June 2018 from Sergeant to SSG * he requested assistance through his unit to remove him from a 35F20 slot to a 35F30 slot * his transfer order assigned him to the same paragraph and line number * he should have been placed in paragraph line number 338-02 which is an available position in the VAARNG * he completed his Professional Military Education (PME) to include SSD II, ALC, and SSD III * he was awarded an Army Achievement Medal for an Active Duty Operational Support (ADOS) tour * he confirmed with the VAARNG State G1 the implementation of PPOM #18- 01 was in effect for 2018 promotions 2. The applicant's service records contain Orders 341-013 showing he was promoted to the rank of SGT with a DOR of 22 November 2016. The applicant provides a copy of the PPOM #18-01, dated 7 February 2018. The PPOM #18-01 states: * as of 1 October 2018 the promotion authorities will implement the modified selection procedures outlined in the PPOM #18-01 * the promotion authorities will offer a vacant position to the first Soldier on the promotion list who is available and who has completed the required PME for pin- on * the promotion authorities cannot select Soldiers unless they reach the minimum time in grade (TIG) and time in service (TIS) during the life of the promotion list 3. The VAARNG released a memorandum of instructions for the 2017-2018 Enlisted Promotion Boards for SGT and SSG on 15 August 2017. The memorandum states: * all Soldiers who meet TIG and TIS requirements, the SSD requirements and the PME qualification in their current grade will be eligible for promotion board consideration * to be promoted to the rank of SSG a Soldier needed to have 18 months TIG as a SGT * they also needed to have completed SSD and the Basic Leader's Course * to be promoted to Sergeant First Class ALC and SSD III was required 4. The applicant provides the following documents for the Board's consideration: * a spreadsheet showing slots available in the VAARNG * reassignment orders showing he was relieved from the Duty Position Intel Analyst paragraph/line number 338-03 and he was assigned to the same position * a certificate of completion for SSD II and III * a certificate of completion for ALC * an AAM Certificate covering the period of 5 December 2016 through 31 July 2017 * an NCOER covering the period of 23 November 2016 through 30 September 2017 5. The VARNG G1 Enlisted Promotions Manager completed a memorandum for record, dated 23 April 2019, regarding the applicant's request. It states: * the applicant's request for a change in his DOR to 16 Jun 18 is denied * the applicant had a SGT DOR of 22 November 2016 * he did not meet the 18 months TIG requirements in order to have been considered in the 2018 Promotion Board * the 2018 promotion board cutoff date was 31 December 2017 * the expanded zone of consideration from PPOM #18-01 was not in effect for the board's that took place prior to 1 October 2018 * the report of VAARNG slots provided by the applicant is a positions report and does not show vacancies * the boards process was executed in accordance with Army Regulation 600-8-19 and PPOM #18-01 6. The applicant's service records contain Orders 060-124 showing he was promoted to the rank of SSG with a DOR of 7 March 2019. 7. In the processing of this case, an advisory opinion was obtained on 20 May 2019, from the Chief, Special Actions Branch, National Guard Bureau. The advisory official recommended denial of the applicant's request. He did not meet the time in grade requirements in order for him to have been considered in the 2018 Promotion Board which was held in December 2017. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 8. The applicant was provided a copy of this advisory opinion on 26 April 2019, to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. 9. Memorandum for the VAARNG dated 15 August 2017, Subject Instructions for 2017-2018 Enlisted Promotion Boards: Sergeant, Staff Sergeant, Sergeant First Class, Master Sergeant and Sergeant Major prescribes the changes involved the implementation of the Army National Guard Select, Train, Educate and Promote (STEP) Career Management Model and its effects on the National Guard Automated Boards System (NGABS). a. Paragraph 5 described the new noncommissioned officer professional development requirements guidance for promotion board consideration. All Soldiers who meet the time-in grade (TIMIG) and time-in-service (TIS) requirements, the new Structured Self Development (SSD) requirements, the PME qualification of their current grade, and hold a qualifying military occupational speciality will be eligible for promotion board consideration. b. To be considered for promotion to SSG the Solider must have 18 months TIG and completed SSD II and the basic leader's course. 10. Army Regulation 15-185 (ABCMR), the regulation under which this Board operations, provides the ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and advisory opinions. The Board considered the applicant’s statement, the documents he provided, his date of rank for promotion to SGT and subsequent promotion to SSG, the TIG requirements for promotion to SSG, the statements in the VARNG G1 Enlisted Promotions Manager memorandum for record and the NGB Advisory Opinion. The Board concurred with the conclusions of the advising official regarding the applicant’s eligibility for promotion and determined there was no error or injustice requiring correction. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application and all supporting documents, the Board found the relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X : X : XRDR :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. 7/31/2019 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. REFERENCES: 1. Army Regulation 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Memorandum for the VAARNG dated 15 August 2017, Subject Instructions for 2017- 2018 Enlisted Promotion Boards: Sergeant, Staff Sergeant, Sergeant First Class, Master Sergeant and Sergeant Major prescribes the changes involved the implementation of the Army National Guard Select, Train, Educate and Promote (STEP) Career Management Model and its effects on the National Guard Automated Boards System (NGABS). a. Paragraph 5 described the new noncommissioned officer professional development requirements guidance for promotion board consideration. All Soldiers who meet the time-in grade (TIMIG) and time-in-service (TIS) requirements, the new Structured Self Development (SSD) requirements, the PME qualification of their current grade, and hold a qualifying military occupational speciality will be eligible for promotion board consideration. b. To be considered for promotion to SSG the Solider must have 18 months TIG and completed SSD II and the basic leader's course.