IN THE CASE OF: BOARD DATE: 11 August 2023 DOCKET NUMBER: AR20230003086 APPLICANT REQUESTS: * an honorary promotion to sergeant first class (SFC)/E-7 * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Automated Record Brief * DA Form 2166-9-2 (NCO Evaluation Report (SSG-1SG/MSG)), 8 December 2021 * Letter, Headquarters U.S. Army Reserve Command, 19 September 2022 FACTS: 1. The applicant states in pertinent part that he was denied promotion to SFC due to his age. He contests that despite meeting the Time in Grade (TIG) and Time in Service (TIS) requirements and the support of his leadership, the governing regulation prohibits his promotion to SFC. However, as required by other Soldiers, he completed the distance learning requirements, a prerequisite for promotion consideration, but was denied the opportunity to attend the Senior Leader Course because of his age. He argues that in accordance with Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) he may be considered for an honorable promotion to SFC. While serving, he completed the Basic Leader Course, graduating in the top 10 percent of his class. Further, he was the oldest person to complete the course. In addition, he notes that he has served in positions of increased responsibility (E-7 and E-8 positions) for over 10 years and prior to being discharged, he was the oldest staff sergeant (SSG)/E-6 in the U.S. Army. 2. A review of the applicant's available service records reflects the following: a. The applicant was born on 29 December 196X. b. After serving in the U.S. Marine Corps and the Army National Guard (ARNG), on 23 February 2004, the applicant enlisted in the U.S. Army Reserve to serve as a 38A (Civil Affairs Specialist). c. On 21 December 2004, Headquarters, Headquarters, U.S. Army Civil Affairs and Psychological Operations Command (Airborne) issued Orders Number 04-356-00029 announcing the applicant's promotion to SSG effective 15 November 2004. d. On 3 January 2020, the applicant reenlisted for 2 years. e. On 27 June 2021, the applicant completed the Advanced Leader Course. f. On 18 January 2023, the Department of the Army issued Orders Number 3892684 transferring the applicant to the U.S. Army Retired Reserve, effective 29 December 2022. g. On 26 July 2023, the U.S. Army Human Resources Command issued Orders Number C07-399755 placing the applicant on the retired list at the rank of SSG, effective 29 December 2022. 3. The applicant provides the following a: a. Automated Record Brief reflective of the applicant's pertinent personnel information to include assignment, award and promotion history. Section IV (Service Data) verifies the applicant's promotion to SSG on 15 November 2004. b. DA Form 2166-9-2 dated 8 December 2021, reflective of the applicant's professional performance as assessed by members of his immediate leadership during the period of 9 December 2020 - 8 December 2021. The applicant was rated as 'highly qualified" by his senior rater with a recommendation that he be promoted immediately and assigned to positions of greater responsibility. c. Letter, Headquarters USARC, dated 19 September 2022, reflective of the response provided to the applicant's State representative with regard to his request for promotion to SFC. USARC advised that in accordance with the governing regulatory guidance, Soldiers that reach the age of 57 prior to the convening date of the evaluation board are ineligible for promotion consideration. Further, SSGs must complete the Senior Leader Course prior to being promoted to SFC. In this case, the applicant enlisted in the USAR at the age of 59 and had not completed SLC during his military service therefore making him ineligible for promotion consideration to SFC. BOARD DISCUSSION: 1. The applicant's request for a personal appearance was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance before the Board 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 Board carefully considered the applicant's contentions, the military record, and regulatory guidance. In accordance with applicable regulatory guidance, the applicant is ineligible for consideration for promotion. Although he completed the basic leadership course, documentation available for review is insufficient to determine that he completed the Senior Leaders Course. Further, he neither served the minimum number of months as a SSG and nor had sufficient remaining time in service as required by regulatory guidance. Based on the preponderance of evidence 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 :xx :xx :xx DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined 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. AR 600-8-19 (Enlisted Promotions) provides enlisted promotions and reductions function of the military personnel system. a. Paragraph 1-24 (Consideration of proposals for posthumous and honorary promotions and appointments under provision of 10 U.S.C. Section 1563, the Army will endorse posthumous and honorary promotions and appointments under 10 USC 1563 where the candidate exhibits character and exemplary conduct, performed duties and responsibilities commensurate with those of the rank under consideration, and made significant contributions to national defense. The Assistant Secretary of the Army (Manpower and Reserve Affairs) oversees an advisory group to consider requests from Congress for posthumous and honorary promotions and appointments under 10 USC 1563 and submits a recommendation to the SECARMY. When considering the request, the advisory group will consider the promotion and/ or appointment system objectives listed below as general guidance. This ensures that a positive recommendation for an honorary rank does not compromise the promotion system, and will convey the same significance to the honoree as it does to former and current Soldiers. * Performance while serving in uniform, to include the results of any promotion selection boards that already considered the individual for promotion * The duties and responsibilities of the positions the individual held during his or her military career, especially if the individual held positions typically filled by Soldiers of the higher rank * The moral and professional qualifications of the individual, to include whether the potential honoree meets the requirement of exemplary conduct detailed under 10 USC 3583 * The potential impact of a decision, as precedent, for future requests of like circumstance or degree b. Paragraph 5-7 (Eligibility Criteria for Selection Board Consideration) provides the eligibility criteria for selection board consideration. A Soldier must meet these criteria before the selection board convenes to qualify a Soldier for inclusion in a zone of consideration. To be considered for promotion to SFC, the service member must have completed 36 months as a SSG, have 6 years time in service, have completed Structured Self Development/Distance Learning Level 3 and graduated from the Senior Leaders Course. Soldiers who reached age 57 prior to the convening date of the board are ineligible for promotion consideration. 2. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicant's do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003086 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1