APPLICANT REQUESTS:  That permanent change of station (PCS) orders transferring him from Fort McClellan, Alabama, to Fort Knox, Kentucky, be revoked and he not be required to move; that the noncommissioned officer evaluation report (NCOER) for the period 9410-9506 be removed from his records and the period declared non-rated time.

APPLICANT STATES:  In a lengthy application to the Board, that, in effect, he was discriminated against because he was experiencing medical problems related to his Gulf War service.  Because of his Gulf War Illness (GWI), his chain of command harassed, ridiculed, and discriminated against him.  Ultimately, he was issued PCS orders because the chain of command did not want him on Fort McClellan.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 20 June 1977 and has served continuously to the present time.  During his first 4 years of active duty, he served as a chaplain’s assistant. In 1981, he completed training as a correctional treatment specialist and has served in Army corrections since that time.  He was promoted to sergeant first class on 1 April 1990 and to master sergeant on 1 January 1995.

From June 1988 to August 1991, the applicant was assigned to Fort Meade, Maryland.  During Operation Desert Shield/Storm, he was a member of the 519th Military Police Battalion which deployed to Southwest Asia (SWA).  When he returned from SWA, he was reassigned to Fort McClellan and the Military Police School.

From his arrival at Fort McClellan, the applicant performed in various staff positions as an instructor, curriculum developer, and staff NCO.  On 21 October 1994, he was offered, and accepted, a first sergeant (1SG) position with Company C, 787th MP Battalion, Training Brigade.  He assumed his duties as a 1SG on 24 October 1994.  In accordance with local policy, the applicant requested a 2 year stabilization on 26 October 1994.  This request was approved by his chain of command.
First Sergeant assignment policy at Fort McClellan relies upon an Order of Merit List (OML) on which all eligible NCO’s desiring 1SG positions are placed.  As a 1SG position becomes available, the top three NCO’s on the OML interview for the position with one being selected.  Once a 1SG position is offered, the selected NCO either accepts or declines; declination usually means removal from the OML with no further consideration to become a 1SG.  First Sergeant positions at Fort McClellan generally fall within two basic types; OSUT (One Station Unit Training) companies which conduct basic and advanced training of new soldiers, and 





DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director