IN THE CASE OF: BOARD DATE: 14 July 2022 DOCKET NUMBER: AR20220000159 APPLICANT REQUESTS: in effect, his date of rank (DOR), effective 1 February 2021 to be backdated to 21 August 2020 in accordance with his exception to policy (ETP) request regarding the Army National Guard (ARNG) Enlisted Promotions during the Coronavirus (COVID-19) Outbreak. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Emails * ETP Memorandum, dated 20 May 2020 * DA Form 4856 (Developmental Counseling Form), dated 27 May 2020 * Emails, dated 23 July 2020 and 26 August 2020 * Memorandum: Subject: DOR correction request, dated 25 May 2021 * Emails, from April to August 2021 * Arkansas Army National Guard (ARARNG) Deputy Chief of Staff of Personnel (DCSPER) Memorandum, Subject: Advisory Opinion for DOR adjustment, dated 18 March 2022 FACTS: 1. The applicant states: a. He is requesting a DOR correction due to being erroneously coded by the Hiring Office (HRO). He has attached a memorandum with a step by step of what happened and when it happened. He has provided email traffic screenshots, ATRRS screenshots, the ETP for Covid-19. The DCSPER has reviewed his documentation at the State Level and they have denied his DOR correction. b. He should have been promoted on 29 May 2020, because he met all the requirements for the consolidated ETP concerning the ARNG Enlisted Promotions during the Coronavirus Outbreak (COVID-19), published on 20 May 2020 by Maj. Gen. the Adjutant General (TAG), ARARNG. The policy allowed E5 and E6 Soldiers who were scheduled for the Advanced Leadership Course (ALC)/Senior Leadership Course (SLC) that were cancelled due to COVID-19 to be promoted effective their graduation date. He was told he never had a reserved seat even with the documentation. On 21 August 2020, he graduated ALC, and still could not be promoted, because he was not currently on a valid promotion list. The reason he was not on a valid list is because HRO erroneously coded him as a "U5" and not a "C4". Since he was coded as a "U5" a promotion packet was not needed. Because of that error, he never submitted a packet; therefore, he had to submit a packet for the fiscal year (FY) 2021 Promotion Board. He was finally promoted 1 February 2021, but that is a lot of pay and time and grade missed due to no fault of his own. c. The reason the Board should consider his case is because he was not at fault for the erroneous coding completed by HRO when he was hired on 19 March 2018. The error was not discovered until the second time he was denied promotion due to HRO's mistake. He missed out on 8-9 months of difference in E5 to E6 pay, time and grade, as well career opportunities. He was told his request was denied because there is not any regulatory guidance that would make them approve his case. He understands there may not be regulatory guidance, but he has provided documentation showing he did everything he was supposed to and that none of the fault was his. 2. The applicant provides the following documentation: a. ETP Memorandum, dated 20 May 2020, states: (1) Purpose. The ARARNG remains committed to maintaining a ready and qualified force and professional development remains a top priority. In an effort to mitigate the impact of COVID-19, Soldiers that have been unable to attend a previously scheduled Professional Military Education (PME) course as a result of COVID-19 travel restrictions, are authorized promotion without completion of the requisite PME, given they meet all other eligibility requirements for promotion. During this period of suspension, Soldiers are eligible for promotion to the rank of SSG/E6 and SFC/E7 without regard to PME completion, provided they held a reserved seat in Army Training Requirements and Resources System (ATRRS) for the final phase of requisite PME where travel/training restrictions prevented attendance. Soldiers must be selected for promotion and accepted in a higher graded position in order to qualify. Soldiers eligible for promotion to the rank of SGT/E5 and MSG/8 are not being considered for this exception due to establishment of Distance Learning (DL) courses being facilitated in lieu of resident courses and given first priority to auto-enroll in a DL course. (2) Promotion without Requisite PME. This temporary suspension does not diminish the importance of completing required PME to sustain a professional noncommissioned officer (NCO) corps. Further, this suspension does not relieve NCOs from ultimately completing the appropriate level of PME required for the grade to which promoted. An NCO promoted without the requisite PME, as a result of this temporary suspension, will be disqualified from future promotion eligibility until such time as they are fully qualified in their newly promoted grade by completing the requisite PME course. Upon reaching the maximum timeframe without completing the appropriate PME, Soldiers will be considered "Legacy" and subject to involuntary reduction procedures. Soldier's authorized timeline to attain PME will begin upon the removal of the travel ban. (3) Pursuant to the authority set forth in reference 1b the requirement to complete the requisite PME course to qualify for promotion pin-on for the ranks of SSG/E6 and SFC/E7 is temporarily suspended. (4) During this period of suspension, Soldiers are eligible for promotion to the rank of SSG/E6 and SFC/E7 without regard to PME completion, provided they held a reserved seat in ATRRS for the final phase of requisite PME where travel/training restrictions prevented attendance, and are otherwise fully qualified. (5) Effective dates for promotion will be the scheduled graduation date of the final phase reserved in ATRRS. b. DA Form 4856, dated 27 May 2020, states in pertinent part, “The ARARNG remains committed to maintaining a ready and qualified force and professional development remains a top priority. In an effort to mitigate the impact of COVID-19, Soldiers that have been unable to attend a previously scheduled PME course as a result of COVID-19 travel restrictions, are authorized promotion without completion of the requisite PME, given they meet all other eligibility requirements for promotion. During this period of suspension, Soldiers are eligible for promotion to the rank of SSG/E6 and SFC/E7 without regard to PME completion, provided they held a reserved seat in ATRRS for the final phase of requisite PME where travel/training restrictions prevented attendance. Soldiers must be selected for promotion and accepted in a higher graded position in order to qualify. Soldiers who are selected and promoted into a higher grade position without the required PME level due to COVID-19 must meet the PME requirements within the required time frame in order to retain that rank or may be subject to involuntary reduction procedures. Rank Selected for: SSG; Effective date (final phase canceled PME graduation date): 29 May 2020; PME required: ALC, Time to complete: 31 May 2021.” c. Emails, dated 23 July 2020 and 26 August 2020, notified the applicant that he had been cancelled out or did not make the reduction number of 32 for 48 quotas to attend the ALC on 21 August 2020, due to COVID-19 restrictions and he was advised to reschedule. In addition, the DCSPER notified the HRO stating, “We received the promotion packet for [applicant] from the MPAD, however due to the Soldier not being on a valid promotion list due to incorrectly being coded as a “U5”. This Soldier will have to be on a valid list prior to being promoted, since that is the last eligibility criteria he is lacking. I recommend updating this Soldier's record to reflect the correct C4 not U5 and submitting a packet for the FY 2021 Board so he can potentially be on a valid list and meet the requirements of promotion. I have closed the SIBx item without action.” The applicant was notified of the error and the correction being made and to submit a promotion packet for the Super Board in the Fall. d. Memorandum: Subject: DOR correction request, dated 25 May 2021, shows the applicant request a DOR correction to DCSPER and addressed the issues that were through no fault of his own. e. On 18 March 2022, DCPER denied the applicant’s request. It states, “[Applicant] did not meet the requirements of Army Regulation 600-8-19, paragraph 7-20 for promotion consideration prior to 1 February 2021. All Soldiers must go through the board process before they may be selected and promoted. He did not submit an NGB Form 4100-1A R- E accepting promotion consideration prior to the FY 2021 promotion list in accordance with Army Regulation 600-8-19, paragraph 7-31. [His] first consideration and placement in the selection objectives for promotion consideration to SSG was 1 February 2021.” He was promoted on the FY 2021 SSG Promotion Board. 3. A review of the applicant’s service record shows: a. DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted in the ARARNG on 31 December 2012. b. Promotion Order, dated 28 November 2017, shows he was promoted to Sergeant/E-5, effective 17 November 2017 in the ARARNG. c. Promotion Order, dated 8 February 2021, shows he was promoted to Staff Sergeant/E-6, effective 1 February 2021 in the ARARNG. 4. On 20 May 2022, the National Guard Bureau (NGB) provided an advisory opinion, which recommended approval of the applicant’s request. It states, in pertinent part, “Soldier’s ETP request was not denied due to not meeting policy requirements. However, it is unknown whether the Soldier would have been placed on the promotion list had he submitted an NGB Form 4100 as required due to the erroneous code. Arguably, this administrative oversight was at no fault to the Soldier. Besides, the inability to identify this erroneous code during the validation of the FY 2020 promotion eligibility roster suggests a failure on the unit’s part. In view of the above, this office deems that relief is warranted and therefore recommends that the Board approves the Soldier’s request insofar as permitted by law or applicable regulations. This opinion was developed in conjunction with the ARARNG and the ARNG Personal Policy Division.” 5. The applicant was provided a copy of the advisory opinion for an opportunity to respond. He did not. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the evidence supports relief. The Board determined the applicant’s record should be corrected to show he was promoted to SSG effective 21 August 2020, and he should receive any additional pay and allowances he is due as a result of this correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected to show the effective date of his promotion to staff sergeant/E-6 is 21 August 2020. The applicant should receive any additional pay and allowances he is due as a result of this correction. 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 600-8-19 (Enlisted Promotions and Reductions). This regulation prescribes policies and procedures governing promotions and reductions of Army enlisted personnel. Chapter 7 (Enlisted Promotion and Redu8ction of ARNG Personnel states in: a. Chapter 7-20 (Criteria). To be eligible for consideration, selection, and promotion to SGT through SGM, Soldiers must— (1) Be considered and placed in the selection objective of the current promotion list. All Soldiers must go through the Board process before they may be selected and promoted. The only exceptions are listed in section III of this chapter. (2) Be in promotable status. The board will consider a Soldier who has a Flag (regardless of type) in effect provided they are otherwise eligible for consideration, but the Soldier cannot be selected nor promoted until the suspension has been removed. This requirement is not waivable. Soldiers must be NCOES qualified in their current rank before they can be considered for promotion board action. (3) Be participating satisfactorily in the active ARNGUS in the next lower grade. (4) Meet the criteria by the date in the promotion board announcement. b. Chapter 7-30 (Consideration for Promotion). (1) a. Unless prohibited by paragraph 7–20, Soldiers who are qualified in the CPMOS, comply with the provisions of paragraphs 1–28 and 7–23 and meet the Tim in Grade, Time in Service, and CES may be considered for promotion, even though they may not be in a promotable status on the convening date of the board. No one may establish local consideration criteria that are not provided for in this chapter. However, states may establish a minimum administrative point requirement for SGT and SSG boards, if prescribed in State policy and in the promotion board announcement. (2) Soldiers must meet the eligibility in this chapter and the promotion board announcement including the date(s) used to compute eligibility (eligibility criteria date). (3) The Soldier’s leader will review NGB Form 4100-1-R-E/NGB Form 4100-1B R-E with the Soldier to verify information and update entries on the form. c. Chapter 7-31 (Individual Soldier Actions). The data on NGB Form 4100–1–R–E and NGB Form 4100–1B–R–E are taken from the automated personnel system- ARNG database and are the basis for promotion consideration. (1) Soldiers will verify the accuracy of entries and update the data, as required. (2) Soldiers will accept or decline consideration on the form. They will also select one or more of the options provided in part IV of NGB Form 4100–1–R–E/NGB Form 4100–1B–R–E (or a State supplemental list of options). These options show where they are available for assignment and promotion to the higher rank as provided in paragraphs 7–29a (3) and 7–30d and their agreement to apply for and complete required training, per paragraph 7–30d. Soldiers who cannot do so in person may accomplish these tasks using one of the alternate means in paragraph 7–30. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000159 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1