IN THE CASE OF: BOARD DATE: 5 October 2022 DOCKET NUMBER: AR20210017166 APPLICANT REQUESTS: promotion to the rank of staff sergeant (SSG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), online application * Army Guard Reserve (AGR) Orders * Promotion Orders to SSG * Revocation of Promotion Orders to SSG FACTS: 1. The applicant states before entering the AGR program, he was promoted from the rank of sergeant (SGT) to SSG, but he was never told he was promoted to the rank; therefore, the promotion was revoked. He believes it was an injustice because he was never told he was promoted to the next higher rank. He was not able to give supporting documentation to US Army Human Resources Command (HRC) when offered the AGR position. His promotion was revoked within two months of his promotion, a month after he reported to his unit station. He was not able to retain the rank. He is seeking assistance to be able to get back the rank he was promoted to. He is in a SSG position in his current unit and does have the school and qualification to be promoted to the next higher grade. 2. On 11 January 2007, the applicant enlisted in the US Army Reserve (USAR) for a period of 8 years. He reenlisted in the USAR on 12 December 2015 for a period of 3 years. On 16 June 2020, he reenlisted in the USAR for a period of 3 years. On 11 September 2021, the applicant extended his enlistment for 2 months and 15 days. 3. On 19 June 2009, the applicant completed the Warrior Leader Course (WLC). 4. On 1 February 2011, orders were published promoting the applicant to SGT effective 1 February 2011. 5. On 28 May 2018, he was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he had entered active duty on 15 February 2018. He had completed 5 months and 28 days of active federal service. He had the military occupational specialty of 92Y (Unit Supply Specialist) and was returned to his USAR unit. The reason for his release from active duty was completion of required active duty service. 6. On 21 July 2020, orders were published ordering the applicant to AGR with a reporting date of 1 September 2020 for a period of 3 years. He was assigned to the duty position of supply sergeant (paragraph 101, line 4, on the unit’s manning document). His orders do not indicate if this was a SSG position. He was assigned to the 942nd Transportation Company (unit identification code WS1QAA). 7. The applicant's service records were void of his promotion orders; however, the applicant provided them. The promotion orders, dated 29 September 2020, were published by Headquarters, 99th Readiness Division, and show the applicant was promoted to the rank of SSG in the MOS of 92Y effective on 2 July 2020. The promotion would not be valid and would be revoked if he was not in a promotable status on the effective date of promotion. The orders further state: a. Promotion is not valid and will not be effective if the Soldier is not in a promotable status on the effective date of promotion. b. The promotion has taken place under suspension of select, train, educate, promote (STEP) due to COVID-19. Promotion is not valid and would not be effective if he was not otherwise in a promotable status on the effective date of promotion. c. By accepting the promotion, he understood he must coordinate with unit training personnel to enroll in the required professional military education (PME) as soon as possible as required by STEP. Failure to complete required PME by the time primary zone eligibility for the next rank was reached may result in a bar to continued service. d. He was to be promoted in the unit identified with code W76906 to occupy position 1590, paragraph 9, line 20, on the unit’s manning document (a different unit identification code, paragraph, and line number than his AGR position). e. Failure to accept assignment to the unit to which he was promoted may result in the promotion order being revoked. He understood by accepting the promotion he would incur a 12-month position obligation for promotion to SSG from the effective date of promotion. 8. On 29 September 2020, the applicant's promotion orders were revoked. 10. On 27 May 2021, the applicant completed the Advanced Leaders Course (ALC). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined relief was not warranted. The Board carefully considered the applicant's request, supporting documents, and evidence in the records. Although the applicant states he was promoted to the rank of MSG, he provided no supporting documentation on his own behalf. Further, his record is void an order promoting him to the rank of MSG or other documentary evidence he was in a promotable status. Based on the preponderance of the documentation available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 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. Army Regulation 140-158 (Army Reserve Enlisted Personnel – Promotions and Reductions), in effect at the time, a. Paragraph 3-9 promotion of soldiers to SSG will be based on an appropriate MTOE or TDA vacant position. b. Paragraph 4-16 states Soldiers promoted to SSG will incur a 12 month obligation to remain c. Paragraph 8-2 states a Staff Sergeant must be a graduate of The Basic Noncommissioned Officer Course. 2. Army Regulation 350-1 (Army Training and Leader Development) – a. Paragraph 3-52 (Noncommissioned Officer Education System) stated NCOES is linked to promotion to SGT, SSG, SFC, MSG, and SGM. This ensures NCOs have the appropriate skills and knowledge required before assuming the duties and responsibilities of the next higher grade. b. Paragraph 3-54 (Structured self-development) states (1) Soldiers become eligible for structured self development (SSD) upon completion of initial military training (IMT), and subsequent completion of the basic leader course (BLC), advanced leader course (ALC), senior leader course (SLC), master leader course (MLC) and the sergeant major course (SMC). Soldiers are automatically enrolled into SSD 3 upon completion of ALC and promotion to Staff Sergeant (E6). (2) SGT, SGT(P), and anyone promoted to SSG on or after 1 June 2014 must complete Basic Noncommissioned Officer Course. Phase I (ALC-CC) or SSD 2 and ALC technical residence phase in order to receive ALC course completion credit. (3) Grandfather provision: prior to 1 June 2014, any SSG who has completed all technical resident phase(s) of ALC are not required to complete SSD 2. Instead, these Soldiers will be considered to have met the training requirements (consistent with their current level of resident NCOES training) and will be eligible for enrollment into SSD 3. (4) Paragraph 3–57. Advanced Leader Course The ALC is a branch-specific course that provides Soldiers selected for promotion to SSG with an opportunity to enhance leadership, technical skill, tactical expertise and experience needed to lead squad-size units. Training builds on experience gained in previous training and operational assignments. Branch schools and selected training battalions conduct this course in a live-in learning environment. Only Soldiers who have completed ALC are fully eligible for promotion to SSG (see AR 600–8–19). (5) Content for the ALC include materials for success at both the squad and platoon level. The scope of tasks/competencies addressed in ALC provides both the squad and platoon level perspective, where appropriate, and build upon experience gained in previous training and operational assignments //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017166 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1