IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20230002914 APPLICANT REQUESTS: on behalf of the former service member (FSM), correction of retirement pay for the period of December 2021 – 7 May 2022 to reflect a rate consistent with that of a sergeant (SGT)/E-5. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), 22 June 1983 * DA Form 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)), 1 November 1998 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the U.S.) 25 February 1999 * Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), 18 November 2000 * Last Will and Testament, * Certificate of Death, FACTS: 1. The applicant states the FSM was promoted to the rank of SGT on 28 May 1998 and should therefore be entitled to retired pay as an SGT/E-5 rather than as a specialist four (SP4)/E-4. 2. A review of the FSM’s available service records reflects the following: a. On 21 April 1980, the FSM enlisted in the U.S. Army Reserve (USAR) for 6 years under the Delayed Entry Program. b. On 24 June 1980, the FSM was ordered to active duty. c. On 1 September 1982, the FSM was advanced to the rank of SP4. d. On 22 June 1983, the FSMs was released from active duty and transferred into the USAR Control Group (Reinforcement) at the rank of SP4. e. On or about 28 May 1998, the FSM was promoted to SGT. A review of the FSM’s available service records reflects evidence of performance evaluations (DA Form 2166- 7) at the rank of SGT from November 1998 – October 2000. Part V (Overall Performance and Potential) contains the statement "Must Attend Primary Leader Development Course (PLDC) this training year" on each document. The FSM’s records are void of evidence reflective of his attendance or completion of this course. f. On 18 November 2000, the FSM was issued a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). The FSM is addressed as "SGT." g. On 29 September 2001, the FSM received a medical examination. DD Form 2808 (Report of Medical Examination), item 6 (Grade) completed at that time by the FSM reflects "E-4." h. On 27 January 2022, the U.S. Army Human Resources Command issued Orders Number C01-290668 retiring the FSM from the USAR and placing him on the retired list effective 29 October 2021 at the rank of SPC. 3. On behalf of the FSM, the applicant provides: a. DA Form 2166 (NCOER), dated 1 November 1998, reflective of the FSM’s duty performance as evaluated by members of his immediate leadership from May 1998 – October 1998 at the rank of SGT. b. DD Form 4 dated 25 February 1999, reflective of the FSM reenlisting in the USAR at the rank of SGT for 3 years. c. Last Will and Testament dated, reflective of the FSM’s appointment of the applicant as the executor of his affairs in the event of his death. d. Certificate of Death dated reflective of record of the FSMs passing. 4. A review of the FSM’s available service records does not contain evidence of promotion or reduction orders to the rank of SGT. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found no evidence indicating the FSM completed the military education requirement to be promoted to SGT, which meant his promotion to that rank was conditional and could be revoked. The Board further found the evidence indicates the FSM left active service before he had completed the military education requirement to be permanently promoted to SGT, and as a result was administratively reduced to the next lower rank. Based on a preponderance of the evidence, the Board determined the rank the FSM held on the retired list is not in error or unjust. 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 (Enlisted Personnel Classification, Promotion and Reduction), in effect at that time, prescribes policies and procedures pertaining to the classification, promotion, reduction and grade restoration of enlisted Soldiers of the U.S. Army Reserve. Chapter 7 (Reductions and Restorations) outlines the policy and procedures governing grade reduction and restoration of USAR Soldiers. Reduction, except for Article 15, Uniformed Code of Military Justice, is announced by orders. Orders will cite the reason for reduction (i.e., inefficiency) and the authority. a. Paragraph 7-5 (Date of Rank on Reduction or Restoration) provides that reduction for inefficiency, failure to complete a school course, unsatisfactory participation, or individual request for reduction. The date of rank will be the date of the grade which reduced as if the Soldier never attained a grade higher than that to which reduced. Soldiers reduced for reasons other than inefficiency or failure to complete a school course will have a date of rank effective the date of the ordered reduction. b. Paragraph 8-19 (Conditional Promotion to SGT through MSG) provides that a Soldier may be promoted on the condition he or she enroll in and successfully complete the course required for that grade. For promotion to SGT, the Soldier must complete or be enrolled in the Primary Leader Development Course (PLDC) within 12 months of the date of promotion or a graduate within 24 months of enrollment. c. Paragraph 8-22 (NCOES Course Failure) provides that a Soldier who has been promoted on the condition he or she will enroll in a specified NCOES course within the timeframe cited in paragraph 8-19 will be reduced per paragraph 7 for failure to enroll and the Soldier's name will be removed from the promotion list provided enrollment has not been delayed. d. Paragraph 8-23 (Conditional Promotion and Voluntary Retirement Policy) provides that a Soldier conditionally promoted to a higher grade must complete the required NCOES course prior to voluntary retirement (10 USC 3914), or prior to reassignment to the Retired Reserve/voluntary discharge following receipt of official notification of entitlement to retired pay at age 60 (10 USC 12731). 1) If the Soldier is able to enroll and complete the required NCOES course, no waiver will be granted to permit the Soldier to retire in the higher grade without completion of the required NCOES course. If, after being counseled, the Soldier still requests voluntary retirement, or reassignment to the Retired Reserve/voluntary discharge following receipt of official notification of entitlement to retired pay at age 60, the Soldier will be reduced to the grade held prior to the conditional promotion per paragraph 7. The reduction will be effective before voluntary retirement, or reassignment to the Retired Reserve, or discharge. The Soldier will be placed on the retired list in the grade held prior to the conditional promotion, unless authorized a higher grade under another provision of law. 2) If the Soldier is not able to enroll and complete the required NCOES course for medical or compassionate reasons, a waiver of the NCOES course requirement must be obtained prior to voluntary retirement, reassignment to the Retired Reserve, or voluntary discharge, in the grade in which conditionally promoted. 2. Title 10, USC, Section 3964, entitles certain retired members of the Army who are retired with fewer than 30 years of active service, when such member's active service plus service on the retired list totals 30 years, to be advanced on the retired list to the highest grade served on active duty satisfactorily. Section 3964 applies to warrant officers of the Army; enlisted members of the Regular Army; and reserve enlisted members of the Army who, at the time of retirement, were serving on active duty (or, in the case of members of the National Guard, were on full-time National Guard duty). These individuals are eligible for advancement on the retired list when their active service plus service on the retired list totals 30 years. Individuals to be placed on the retired list with at least 30 years of active service will be considered for immediate advancement on the retired list. "Highest grade served on active duty" is the grade to which a Soldier was actually promoted and paid pursuant to a lawful promotion. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002914 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1