IN THE CASE OF: BOARD DATE: 22 August 2023 DOCKET NUMBER: AR20230001732 APPLICANT REQUESTS: • effective date and the Date of Rank (DOR) for promotion to master sergeant (MSG)/E-8 be backdated to 25 August 2020 • a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Fiscal Year 2020 (FY 20) Maryland Army National Guard (MDARNG) Promotion/Selection List • FY 21 MDARNG Promotion/Selection List • Controlled Grade Allocation List • MDARNG Army Element Joint Force Headquarters (HQs) Orders Number 1756669 • Email from the Office of the Staff Judge Advocate (SJA), 24 May 2022 • Email from the Office of the SJA, 5 July 2022 • Office of the SJA Memorandum, Subject: Memorandum in Support Regarding MSG R- J- (the applicant) retroactive DOR • Screenshot of Guard Incentive Management System regarding MSG L- W- FACTS: 1. The applicant states in effect, he requests the Board retroactively change and backdate his DOR for MSG/E-8 to 25 August 2020 as his DOR of 1 April 2022 is erroneous. He was selected for promotion on the FY 20 Promotion Selection List, he was higher on the Order of Merit List (OML) with a lower sequence number than Sergeant First Class (SFC) L- W-. However, she was promoted before he was promoted with the effective date of 25 August 2020 and he was selected for promotion 2-months later on 22 October 2020. The Active Guard/Reserve (AGR) promotions are executed based on the OML and promoted service members sequentially from the promotion selection list. Being he was higher on the OML, he should have been promoted before SFC L- W-. He was then erroneously placed on the Control Grade Allocation List (CGAL) due to the lack of AGR MSG positions for the state of MD at the time because SFC L- W- was erroneously promoted before him. It took 17-months to be finally promoted to MSG on 1 April 2022. This error cost him 19 months' time in grade which will impede career opportunities and pay. He filed an Investigator General (IG) complaint and contacted the Office of the SJA, and both informed him he should seek a retroactive change to his DOR. 2. A review of the applicant's service record shows: a. The applicant enlisted in the Army National Guard (ANRG) on 22 December 2004 and has continuous service through extensions and reenlistments. b. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was ordered to active duty in AGR status on 16 December 2007. He was honorably released from active duty on 5 March 2013 to continue active duty in another status. c. A DD Form 214 shows he was ordered to active duty in support of Operating Enduring Freedom effective 6 March 2013. He was honorably released from active duty on 1 September 2013. d. On 5 September 2013, Orders Number 248-053, issued by the State of Maryland Military Department, the applicant was ordered to active duty in an AGR status, effective 2 September 2013. e. On 4 November 2015, Orders Number 308-106, issued by HQs, MDARNG, the applicant was promoted to the rank of SFC/E-7, effective on with a DOR of 27 October 2015. f. On 25 September 2018, Orders Number 268-011, issued by the State of Maryland Military Department, the applicant was ordered to active duty in an AGR status, effective 28 October 2018. g. The applicant completed the Senior Leader Course during the period of 8 July through 26 July 2019 and the Master Leader Course during the period of 2 through 15 December 2020. h. on 5 April 2022, Orders Number 1756669, issued by the MDARNG Army Element Joint Force HQs, the applicant was promoted to the rank of MSG/E-8, effective on with a DOR of 1 April 2022. 3. The applicant provides: a. MDARNG Promotion Selection List with board date of 10 April 2020 shows the applicant's Enlisted Promotion System (EPS) score was -40 and SFC L- W-'s EPS score was -52 with her promotion time in service date of 10 November 1999 and her DOR of 10 July 2013. b. MDARNG Promotion Selection List with board date of 2 October 2020 shows the applicant's EPS score of -36 with time in service of 15-years and 9-months and SFC L-W's EPS score of -42 with the time in service of 20-years and 11-months. c. CGAL for MSG as of 15 April 2021 shows the applicant was selected 22 October 2020. d. Email from the Office of the SJA dated 24 May 2022 to the battalion S1 regarding the backdating of the applicant's DOR due to possible command interference in the promotion selection process. The applicant was selected for promotion on the 22 October 2020 promotion selection board and then placed on the CGAL due to a shortage of E-8 allocations. Prior to this selection he was first on the promotion list; however, SFC L- W- was promoted before him. He was finally promoted to MSG effective 1 April 2022. After the completion of an IG investigation, he was informed to seek a change in his DOR. e. Email from the Office of the Staff Judge Advocate dated 5 July 2022 to the MDARNG G1 regarding the backdating of the applicant's DOR due to possible command interference in the promotion selection process. The author attempted to contact the S1 but had not received a response. The email reiterates what was stated on the 24 May 2022 email. f. Office of the SJA Memorandum, Subject: Memorandum in Support Regarding MSG R-J- (the applicant) retroactive date of rank, dated 29 November 2022, authored by a egal assistance attorney, stated as the Legal Assistance Attorney representing the applicant, she urges the Army Board for Corrections of Military Records to correct the applicant's DOR. The applicant has contacted multiple people and each time has escalated the issue only to be ignored as well as the inquiry of her office. The applicant was selected for promotion to MSG on 22 October 2020 and was placed on the CGAL due to the shortage of E-8 allocations. Prior to this selection he was first on the promotion list; however, SFC L- W- was promoted before him. He was finally promoted to MSG effective 1 April 2022. After the completion of an IG investigation, he was informed to seek a change in his DOR. Given the evidence submitted to the Board, it would be equitable to backdate his promotion to 25 August 2020 the same date SFC L- W- was promoted to MSG. g. Guard Incentive Management System screenshot which shows that MSG L- W- has the DOR of 25 August 2020. 4. On 15 May 2023, in the processing of this case, the National Guard Bureau provided an advisory opinion regarding the applicant's request for his DOR to be retroactively changed from 1 April 2022 and backdated to 25 August 2020. The advisory official recommended disapproval of the applicant's request. a. Army National Guard Personnel Policy Operational Memorandum (PPOM) 18-001 dated 7 February 2018, stated effective 1 January 2019, all Soldiers with the rank of SFC must graduate the Master Leader Course for promotion (pin-on) to the rank of MSG. The applicant completed the Master Leader Course on 15 December 2020. Paragraph 5c of the PPOM stated the promotion authorities will offer the promotion to the first Soldier on the promotion list who is available and who has completed the required Professional Military Education (PME) required for pin-on. b. The individual the applicant referenced as being promoted ahead of him because the Soldier had a request to fill the E-8 position which had been submitted in 2019 and the Soldier was also on the 2019 Promotion Selection List, therefore, the MDARNG honored the request from 2019. Additionally, the applicant was not yet eligible for promotion to MSG at the time the other Soldier was promotion on 25 August 2020 because he had not yet completed the Master Leader Course, and therefore placed on the control grade list. 5. On 16 May 2023, the Army Review Boards Agency, Case Management Division, provided the applicant the advisory opinion for review and comment. The applicant rebutted, stating though the Enlisted Promotion System is designed to provide a fair and equitable promotion process, it still can be manipulated by individuals at the unit level. Such as providing favoritism, delaying needs for PME attendance, delaying submission of the Noncommissioned Officer Evaluation Report (NCOER) to cause Soldiers to be considered for promotion with missing or late NCOERs to affect the boards' evaluation. a. Regarding paragraph 5c of the PPOM that states "the promotion authorities will offer the position to the first Soldier on the promotion list who is available and who had completed the required PME." He should have been given the opportunity to complete the course at the time the position was available. This was a form of EPS manipulation with occurred by his previous chain of command. They intentionally sent MSG L- W- to the Master Leader Course before him so they could promote her first. He filed an IG complaint at the time of the PME enrollment and he was advised to request a DOR correction once he was promoted. He should have had priority to attend the Master Leader Course as he was higher on the OML. He understands that PME completion is required for pin-on and the school completion is set. Therefore, it is appropriate that his DOR to MSG be corrected to the date he completed the Master Leader Course of 15 December 2020. b. The request for fill was not actioned until 2020, when he was higher on the OML than MSG L- W-. If it was actioned in 2019 then MSG L- W- would have been placed on the CGAL at the time due to not having PME completed. His DOR should be corrected due to a Soldier below him on the OML was unfairly promoted before him to MSG with the DOR of 25 August 2020. His DOR should be as early as 25 August 2020 but no later than 15 December 2020. BOARD DISCUSSION: 1. The Board determined 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, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The applicant requests his DOR to be retroactively changed from 1 April 2022 to 25 August 2020. ARNG Personnel Policy states effective 1 January 2019, all Soldiers with the rank of SFC must graduate the Master Leader Course for promotion (pin-on) to the rank of MSG and that promotion authorities will offer the promotion to the first Soldier on the promotion list who is available and who has completed the required Professional Military Education (PME) required for pin-on. The evidence shows the applicant completed the Master Leader Course on 15 December 2020. The Board reviewed and was persuaded by the NGB official’s finding that the person referenced by the applicant as being promoted ahead of him because the Soldier had a request to fill the E-8 position which had been submitted in 2019 and the Soldier was also on the 2019 Promotion Selection List, therefore, the MDARNG honored the request from 2019. Additionally, the applicant was not yet eligible for promotion to MSG at the time the other Soldier was promoted on 25 August 2020 because he had not yet completed the Master Leader Course, and therefore placed on the control grade list. Therefore, the Board determined there is no error or injustice. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx: xx: xx: 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. 8/22/2023 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) 15-185 (Army Board for Corrections of Military Records (ABMCR)), prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-11, (ABCMR Hearings), applicant 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. AR 600-8-19 (Enlisted Promotions and Reductions), prescribes the enlisted promotions and reductions function of the military personnel system. a. Paragraph 1-29, (Noncommissioned Officer Professional Development System requirement for promotion and conditional promotion), a. Soldiers (all components) must complete the following PME courses: • completion of SSD/DLC 3 is an eligibility requirement for promotion consideration to SFC • graduation of the Senior Leaders Course (SLC) is a promotion requirement to SFC • completion of SSD/DLC 4 is an eligibility requirement for promotion consideration to MSG • completion of the Master Leaders Course (MLC) is a promotion requirement to MSG (effective with the FY18 MSG promotion selection board results) for RA and USAR (AGR) Soldiers • completion of MLC is a promotion pin-on requirement to the rank of MSG/1SG effective 1 January 2019 for ARNG Soldiers, ARNG Soldiers promoted to the rank of MSG/1SG prior to 1 January 2019 are not required to attend MLC as a pre-requisite to attend the U.S. Army Sergeants Major Course • completion of MLC is a promotion pin-on requirement to the rank of MSG/1SG effective 1 January 2020 for USAR Soldiers, USAR (TPU) Soldiers promoted to the rank of MSG/1SG prior to 1 January 2020 are not required to attend MLC as a pre-requisite to attend the USASMC b. Paragraph 7-1 e, Soldiers must meet the SSD/DLC and NCOPDS requirements as outlined in table 7–1 for consideration by a promotion board. For the NCO ranks, it also prescribes the NCOPDS requirements and timelines for promotion in table 7–4. Soldiers who were promoted under the previous NCOPDS requirement remain fully eligible to retain their current grade. Table 7–1 Time in grade, time in service, Distributed Leader Course, professional military education, and cumulative enlisted service for promotion board consideration—Continued Rank TIG TIS CES SSD/DLC PME SGT 12 months NA NA SSD/DLC 1 NA SSG 18 months NA NA SSD/DLC 2 BLC SFC 36 months 9 years 6 years SSD/DLC 3 ALC MSG 36 months 13 years 8 years SSD/DLC 4 SLC SGM 36 months 16 years 10 years NA NA1 Notes: 1 MLC is required, effective 1 January 2019, for MSGs promoted 1 January 2019 and beyond d. Paragraph 7-23 (Noncommissioned Officers Professional Development System requirements for promotion), a. Soldiers who are boarded and placed on a promotion list must meet requirements outlined in paragraph 1–29a for (pin-on) promotion to the next higher grade. e. Paragraph 7-28 (Promotion process), a. States will conduct annual promotion boards for each grade and publish a promotion list. In the event, the promotion list is exhausted States are authorized to supplement their annual promotion lists for all grades. The current list is exhausted when it no longer contains any eligible or available Soldiers. The promotion list will identify, in sequence, the best qualified Soldiers who will be assigned to current vacancies (within the State structure) in higher graded positions that go with the promotions. b. Each promotion list published is a new list and is intended to remain valid until exhausted or expires on the date established by the Adjutant General (MPMO) or Chief, NGB. c. Once considered and selected for promotion and assigned to a valid position, Soldiers are promotable provided they meet the PME requirement, in accordance with paragraph 1–29a, with an effective date and DOR, on the date they are assigned to the valid higher graded position. Soldiers who are not PME qualified will not be promoted any earlier than the date they graduated from the required PME Course. ARNG Soldiers regardless of status (M-Day or AGR) who are selected and assigned to a higher grade position are not required to compete on subsequent promotion boards. Soldiers selected pending PME will not compete on future promotion boards, unless they are removed from their higher grade position for failure to complete the required PME or for cause. AGR promotions to MSG and SGM will be promoted effective the date assigned to a valid position, date an AGR controlled grade is authorized, or if applicable, the date graduated from the PME Course as listed in paragraph 1–29a, whichever is later. AGR Soldiers selected and assigned to higher graded positions before the list expires but are not promoted because a controlled grade is not available, will remain assigned pending availability of a controlled grade resource. AGR Soldiers selected from the promotion list, pending a control grade are no longer required to compete for the position for which selected. f. Paragraph 7-39 (Select Soldiers from Promotion List), the State Human Resources Office, determine the methods to request, assign, and promote Soldiers, including those who are MTs and AGR, to available vacancies throughout the State in promotion sequence using the guidance in this paragraph and in paragraph 7–40. Effective with promotion boards conducted on or after 1 October 2018, Soldiers with requisite PME who compete for next higher grade will be selected for immediate promotion prior to those without the required PME. Soldiers without the required PME will be bypassed until all Soldiers in the CPMOS list who are eligible for pin-on have been selected and promoted. Soldiers on a promotion list who are bypassed for lack of PME who remain eligible and available for the vacancy, will be offered the vacancy in sequence order of the promotion list. AGR Soldiers will not be promoted to MSG or SGM without a controlled grade allocation. Soldiers on the promotion list are immediately eligible for PME training and assignment to positions authorized higher grades. Commanders will ensure Soldiers who are selected and assigned to higher grade position without the required PME for promotion, are immediately enrolled in the required course to meet the above timelines. CDRs must also ensure Soldiers are counseled of the requirement to complete PME. g. Paragraph 7-40 (Selecting Soldiers from promotion lists), when selected for promotion and listed in the selection objective of the promotion lists, Soldiers are eligible for training and, provided they are in or will be concurrently assigned to positions authorized the higher rank, promoted as shown below. Soldiers may not be promoted until they are assigned to the higher ranked position and meet the PME requirement of paragraph 1–29. a. Soldiers on the promotion list who are fully eligible and available to include completion of the required PME for pin-on, will be offered the position. Upon exhausting the promotion list with all PME qualified Soldiers by CPMOS, Soldiers will be offered assignment to available vacancies for which they are eligible and available without the required PME for promotion. States will start with the lowest promotion sequence number within each CPMOS and continue until the selection objective is exhausted, all vacancies are filled, or the list expires. AGR Soldiers only compete against other AGR Soldiers within the same CPMOS. If Soldiers are eligible and available for the assignment, they will be assigned and promoted provided they have met all other requirements for the promotion. //NOTHING FOLLOWS//