IN THE CASE OF: BOARD DATE: 8 September 2022 DOCKET NUMBER: AR20210016536 APPLICANT REQUESTS: reconsideration of his previous requests to have his rank/grade of sergeant first class (SFC)/E-7 restored with a date of rank (DOR) of 1 June 1998, with all back pay and allowances. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), on line application * 3 x Self-Authored Letters * Letter to the Honorable - * 3 x Excerpt from National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) * 2 x Request for Army Guard/Reserve (AGR) promotion * 2 x DA Form 1059 (Service School Academic Evaluation Report) Advanced Noncommissioned Officer Course (NCO) (ANCOC) * 2 x DA Form 705 (Army Physical Fitness Test (APFT) Scorecard) * 2 x Height/Weight Commander Certification * 2 x Promotion List * 2 x DA Form 1059 Unit Supply Specialist Basic NCO Course (BNCOC) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's cases by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20200001630 on 1 May 2020. 2. The applicant states, in pertinent part: a. He is requesting return of his promotion to SFC with a DOR of 1 June 1998. His promotion order to SFC was rescinded without cause. The Board has knowingly and purposely ignored paragraph 11-28c(2) of NGR 600-200, dated 1 March 1997. b. He asks the Board to consider this his new request for correction of military records for his promotion to SFC with a DOR of 1 June 1998, with all due backpay and allowances. The request is submitted in response to a letter from the Congressional Liaison and Inquiries, dated 18 October 2021, which he provided for the Board's consideration. c. It is his understanding that the version of the NGR 600-200, that should be used for evaluating this case is the version that was published the closest to the original application for correction of the military record. Upon researching, he finds that NGR 600-200, dated 1 March 1997, is the closet and promotions are dealt with in chapter 11 not chapter 6. d. The Board stated below as their reason for the last denial of his reconsideration submitted on 12 April 2017: On 6 September 2019, the Board denied the applicant's request citing although the record clearly shows the applicant successfully completed several Noncommissioned Officer Education System (NCOES) courses, the record does not show he completed the courses he needed to complete to be promoted to SFC as an AGR Soldier. This appears to be the basis for revocation of the order that promoted him in 1998. The preponderance of the evidence supports the conclusion that the applicant did not become eligible for promotion to SFC during his service as an AGR Soldier. e. He is submitting evidence that he considers new, because the Board has never properly evaluated the evidence, nor they have commented directly on this specific issue. Therefore, he was going to submit again. The evidence was submitted with cases AR20140019517, AR20170006024, and AR20200001630. The Board gave absolutely no probative value to this critical information. f. If the Board looked at NGR 600-200, paragraph 11-28c(2) they would find: "However, Staff Sergeants (SSG) who completed Reserve Component (RC) ANCOC in inactive duty training (IDT) status and entered AGR status (emphasis added by applicant) may be promoted to SFC under this position when selected by a SFC promotion board in AGR status and assigned to a SFC position. They are then fully NCOES qualified for promotion to MSG based on that course when selected by a MSG promotion board in AGR status and assigned to a MSG position. He provided an excerpt of NGR 600-200 for the Board's consideration. g. It is his contention that the intention of NGR 600-200, paragraph 11- 28c(2), by using the word “however” was meant for this procedure to be the exception to the rule. “However” is defined as a statement that contradicts something. A good synonym for “however” that fits this case is on the other hand. h. The Board is refusing to see that this paragraph specifically states SSGs who completed RC-ANCOC in IDT status and then entered AGR status may be promoted to SFC under this position when selected by a SFC promotion board in AGR status and assigned to a SFC position. i. The Board acknowledges he was promoted to SSG, that he attended and completed resident RC ANCOC, and that he was ordered to AGR status. Yes, for most AGR Soldiers paragraph 11-29c(6) is the requirement, but the National Guard Bureau (NGB) gives SSGs who meet the requirements a loophole to meet the requirement for promotion to SFC, as the SSGs are rightly known as the backbone of the Army. j. He does not believe it's honorable for the Board to knowingly and purposely ignore paragraph 11-28c(2) of NGR 600-22, dated 1 March 1997 but then again it's the Board's conscience not his. 3. The applicant's service records contain the following documents for the Board's consideration: a. On 18 May 1977, the applicant enlisted in the Army National Guard (ARNG) for a period of 6 years. b. DA Form 2-1 (Personnel Qualification Record) shows in item: (1) 18 (Appointments and Reductions) * Private/E-1 (PV1)/E-1; 7 August 1977 * Private/E-2 (PV2)/E-2; 7 February 1978 * Private First Class (PFC)/E-3; 3 June 1978 * Specialist (SPC)/E-4; 13 January 1979 * Sergeant (SGT)/E-5; 15 September 1980 * SSG; 17 November 1983 (2) 17 (Civilian Education and Military Schools) * NCOES Basic Course, 2 weeks, 1979 * ANCOC (RC), 2 weeks, 1984 * BNCOC, 8 weeks, 1986 c. On 17 November 1983, Orders Number 49-2 issued by the ARNG promoted the applicant to the rank of SSG. d. On 2 November 1984, the applicant was issued a DA Form 1059 (Service School Academic Evaluation Report), which shows he completed RC ANCOC from 22 October 1984 to 2 November 1984. e. On 9 January 1985, Orders Number 6-11 issued by the Adjutant General's Office were published ordering the applicant to full-time duty in an AGR status with a reporting date of 9 January 1985 for a period of 1 year. f. On 12 December 1985, the applicant was issued a DA Form 1059 for the Unit Supply Specialist Basic Technical course for military occupational specialty of 76Y (Unit Supply Specialist) from 14 March 1985 to 12 December 1985. g. On 31 December 1985, Orders Number 257-25 issued by the Adjutant General's Office were published ordering the applicant to full-time duty in an AGR status with a reporting date of 8 January 1986 for a period of 3 years., h. On 12 November 1986, the applicant was issued a DA Form 1059 for completion of the Unit Supply Specialist BNCOC from 8 September 1986 to 31 October 1986. i. On 4 May 1988, Orders Number 90-44 issued by the Adjutant General's Office were published rescinding the applicant's orders to AGR stating the unexecuted portion of 1 February 1988 to 8 January 1989 of his AGR status was rescinded. On the same order he was ordered to full-time duty in an AGR status with a reporting date of 1 February 1988 for 11 months and 8 days. j. On 14 November 1988, Orders Number 228-6 issued by the Adjutant General's Office were published ordering the applicant to full-time duty in an AGR status with a reporting date of 9 January 1989 for a period of 3 years. k. On 26 November 1991, Orders Number 226-24 issued by the Adjutant General's Office were published ordering the applicant to full-time duty in an AGR status with a reporting date of 9 January 1992 for an active duty commitment from 9 January 1992 to 8 January 1998. l. On 21 May 1997, the applicant received a Notification of Eligibility for Retired Pay at Age 60. m. On 30 December 1997, Orders Number 364-4 issued by the Adjutant General's Office were published ordering the applicant to full-time duty in an AGR status for the period of 9 January 1998 to 8 January 2004. n. On 31 July 1998, Orders Number 29-1 issued by the ARNG were published promoting the applicant to the rank of SFC, with a DOR of 1 June 1998. On 11 August 1998, those orders were revoked, though the revocation does not give a reason. 4. The applicant provides the following documents, not contained in his service record, for the Board's consideration: a. A letter from the Congressional Liaison and Inquiries division of the Army Review Board Agency to the Honorable -, which states in effect, the Board may reconsider an application if the applicant submitted a new DD Form 149 and supporting materials not previously presented to or considered by the Board. b. Excerpt from NGR 600-200, which shows the requirements for promotion to SFC and includes paragraph 11-28, which is available for the Board's consideration. c. A self-authored letter to the Board, dated 17 August 2021, which states, in effect: (1) He asked the Board to consider his letter and the presentation of new evidence and argument for reconsideration of Docket Number AR20200001630. He asked the Board to reference NGR 600-200, paragraph 11-28, dated 1 March 1997. (2) The Board made the comment that his record did not show he completed the required courses he needed to be promoted to SFC as an AGR Soldier, which appeared to be the basis for the revocation of the order that promoted him in 1998. (3) The applicant wonders how the Board could assume this was the basis for the revocation, when the state of , when asked, could find no reason for revoking his order promoting him to SFC. (4) The Board also stated his record was void of an NGB Form 4100 (Promotion Recommendation) for consideration for promotion to SFC. The applicant submitted the request for AGR promotion to SFC for the Board's consideration. The state of was in the process of transitioning from the old enlisted promotion system to the new Army enlisted promotion system in 1998, hence the request for an AGR promotion package as opposed to the NGB Form 4100. (5) On 21 July 2015, the Board denied his request citing evidence that showed he did not meet the NCOES requirements for promotion to SFC as an AGR Soldier, citing that he had to follow the provisions of paragraph 11-29c(6) to be eligible for promotion to SFC. (6) He did his research into NGR 600-200, dated 1 March 1997 and reiterates the information found in paragraph 11-28c(2). The Boards have never ruled on this issue. (7) Table 6-3 (Promotion Criteria) of NGR 600-200 states for promotion to SFC, the applicant must have had: * 21 months' time in grade * 11 years' time in service * security clearance * position vacancy * Military Occupational Specialty (MOS) qualified * civilian education * AGR, effective 1 April 1987 - military education active component BNCOC for promotion to SFC prior to consideration by a promotion board (8) His information is as follows: * 185 months in grade * 13 years of service * he had a security clearance * he was in a position vacancy * he was MOS qualified * he had an associates degree * he attended active component BNCOC (9) He met the requirements in Table 6-3 for promotion to SFC, as he has shown. He asks the Board to tell him again why he is not promotable to SFC with an effective date of 1 June 1998 with all applicable back pay and allowances. d. A Request for AGR promotion, dated 30 July 1998, which shows the applicant was being recommended for promotion to SFC, which was signed by his supervisor; however, it does not specify whether he was eligible or ineligible for promotion. e. DA Form 1059 for ANCOC, which was present in his service record. f. DA Form 705, which shows he passed his APFT on 3 May 1998. g. Height/Weight Commander Certification dated 24 August 1997, which shows he met the height and weight standards. h. A portion of the promotion list, which shows his name as an AGR, having passed ANCOC active component, and with 736 points. i. DA Form 1059, showing he completed resident BNCOC, which was present in his service record. j. A self-authored letter to the Board, dated 19 August 2021, which states, in effect: (1) A second letter in reference to reconsideration of AR20200001630, which he again asks the Board to reference NGR 600-200, paragraph 11- 28c(2) dated 1 March 1997. (2) He again reiterates the Boards suggestion that the revocation of his promotion order was because he had not completed all required courses for promotion to SFC. He wonders how the board can assume that. (3) He reiterates the fact that the ARNG was going through a change in the promotion system, at the time, and thus there was not an NGB Form 4100. He asks the Board to consider the Request for AGR promotion. (4) He reiterates the denial of his request in 2015, and what he found in reference to promotion in paragraph 11-28c(2) of NGR 600-200. (5) He lists the requirements for promotion to SFC and shows where he met those requirements. (6) He states he met the requirements in Table 6-3 (Promotion for Criteria) in NGR 600-200 for promotion to SFC, as shown in Table 6-3. He asks the Board to tell him again how or why he was not promotable then nor why he is not promotable now to SFC with an effective date of rank of 1 June 1998 with all applicable back pay and allowances calculated and made. 5. On 2 November 2014, the applicant petitioned the Board to be promoted to SFC with applicable back pay and allowances. The Board requested an advisory opinion, which was obtained from NGB and stated since the ARNG could not provide documentation supporting the revocation of his promotion to SFC, the NGB recommended approval of his request; however, the Board denied his request citing evidence showing the applicant did not meet the NCOES requirement for promotion to SFC as an AGR, at the time he entered the AGR program or anytime thereafter. In addition to completing ANCOC active component, he was required to complete the Battle Skills Course under the provisions of NGR 600-200, paragraph 11-29c(6). There is no evidence in his service record, and he did not provide evidence, that he completed the Battle Skills Course. 6. On 15 September 2015, the applicant again petitioned the Board for reconsideration. On 9 March 2017, the Board again denied his request stating he was required to complete the Battle Skills Course. 7. On 12 April 2017, the applicant petitioned the Board for reconsideration. On 6 September 2019, the Board denied his request citing although the record clearly showed he completed several NCOES courses, his record did not show he completed all the courses he needed for promotion to SFC as an AGR Soldier. 8. On 5 February 2020, the applicant petitioned the Board for reconsideration. On 1 May 2020, the Board denied his request stating 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 to amend the decision in AR 20170006024, dated 6 September 2019. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the regulatory guidance provided by the applicant from NGR 600-200, paragraph 11-28c(2) stating in part, “Staff Sergeants (SSG) who completed Reserve Component (RC) ANCOC in inactive duty training (IDT) status and entered AGR status may be promoted to SFC (underlined for emphasis), instead of will be promoted to SFC (underlined for emphasis) and the applicant failing to provide any exception to policy approved by the National Guard, the Board concluded there was insufficient evidence of an error or injustice warranting a change to the applicant’s rank. 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. NGR 600-5 (The AGR Program Title 32, Full Time National Guard Duty (FTNGD) Management), in effect at the time, states 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. For promotion AGR Soldiers will meet promotion requirements of NGR 600-200, chapter 6 and be in a support personnel manning document position requiring a higher grade. Enlisted Soldiers will retire in the grade held on the date of retirement in accordance with AR 635-200 (Active Duty Enlisted Administrative Separations), chapter 12. 2. NGR 600-200 in effect at the time states: a. Paragraph 6-18 (Advancement to Specialist, Corporal through Sergeant Major (SGM)) the member must be qualified for the promotion MOS. b. Paragraph 6-23 (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. c. Paragraph 6-29 (Promotion to Sergeant (SGT) through SGM as a result of board action) to standardize enlisted promotion criteria throughout the ARNG and ensure promotion of "best qualified Soldiers, board action is required before promotion to SGT through SGM. The promotion to SGT through SGM will be limited by the availability of modified table of organization of equipment and table of distribution and allowances and authorized Reserve Component over strength position vacancies. d. Paragraph 6-30 (Recommendations to the selection board) recommendations for promotion will be prepared only on NGB Form 4100. Commanders will sign and submit NGB Form 411 to the promotion authority. Commanders will ensure that recommendations are made only when specific unit position vacancies are available or expected to occur within one year of the date of the scheduled board. e. Paragraph 6-38 (Selection list maintenance) on completion of the board, a consolidated selection list will be published. It will only list Soldiers selected as best qualified. f. Table 6-3 (Promotion Criteria) for promotion to SFC: • 21 months time in grade • 11 years time in service • security clearance • position vacancy "Yes" • MOS qualified "Yes" • civilian education "high school graduate" • AGR effective 1 April 1987 - military education "active component BNCOC for promotion to SFC prior to consideration by a promotion board g. Paragraph 11-28c(2), AGR Soldiers will complete only Active Component NCOES courses prescribed as their promotion requirement unless otherwise authorized in this paragraph or an exception is granted by the NGB. Effective 1 April 1995, AGR Soldiers may complete either AC or RC Primary Leadership Development Course. Also Soldiers who enter the AGR program fully qualified in the NCOES for their next promotion will retain their qualification. Those selected to enter AGR tours who have started any portion of their required NCOES course will complete it and be fully qualified. When selected for their next promotions, they must attend the course, an in the manner, prescribed for their grade and duty status (AGR must attend AC courses). However, SSGs who completed RC-ANCOC in 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 a SFC position. They are then fully NCOES qualified for promotion to master sergeant (MSG) based on that course when selected by a MSG promotion board in AGR status and assigned to a MSG position. h. Paragraph 11-29b(10) (Basic Level) for AGR, before 1 July 1986, Reserve Component NCOES (BNCOC, ANCOC) plus the ARNG Battle Skills Course. i. Paragraph 11-29c(6) (Advanced Level) for AGR, before 1 July 1986, Reserve Component NCOES ANCOC, plus the ARNG Battle Skills Course. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016536 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1