APPLICANT REQUESTS:  A retroactive promotion point adjustment and subsequent promotion to the pay grade of E-5 effective as early as 1 August 1994.

APPLICANT STATES:  That he was initially granted promotion points for having completed the Primary Leadership Development Course (PLDC) in the National Guard.  However, these points were withdrawn in June 1994 by the servicing personnel office and he was informed that he required a PLDC equivalency in order to receive credit for the course.  He goes on to state that he submitted his request for a PLDC equivalency which was approved on 4 October 1994 and submitted as a part of a reevaluation which became effective 1 March 1995.  He further states that had he received the proper information regarding the procedure to obtain credit for having attended PLDC sooner, he may have met the promotion point cut-off score during the period 1 August 1994 through 1 January 1995.  

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

The applicant enlisted in the Army National Guard of Puerto Rico on 1 September 1980 and remained in the National Guard until he requested enlistment in the Regular Army on 2 February 1988.  On 26 February 1988 he enlisted in the Regular Army for a period of 4 years. 

On 27 September 1993, during a promotion points recomputation, the applicant was granted 30 promotion points for having completed the PLDC while in the National Guard.  However, in June 1994, those points were withdrawn because the applicant did not have an approved equivalency for the PLDC.

The applicant submitted a request for PLDC equivalency on 12 September 1994.  His request was approved on 4 October 1994.  He then submitted a request for reevaluation of his promotion points on 28 November 1994, which was received by the servicing personnel office in December 1994.  His promotion points with PLDC became effective 1 March 1995.

In the processing of this case, an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) which opined that the applicable regulations require that a PLDC equivalency be obtained before promotion points may be granted for Reserve Components (RC) PLDC completion.  The PERSCOM further opined that the applicant did not meet or exceed a cutoff score between 1 August 1994 through 1 January 1995 and recommended that his request be denied.

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:

1.  The applicant was erroneously granted promotion points for completion of RC PLDC prior to obtaining an equivalency from the appropriate authority.  However, the servicing personnel office discovered the error and took action to correct the mistake.

2.  While it is unfortunate that the applicant was led to believe that he was eligible to receive promotion points for the RC PLDC prior to obtaining an approved equivalency, such a mistake is not justification for granting the applicant a benefit not afforded to others with similar circumstances.

3.  Furthermore, there is no evidence to suggest that the applicant met a cutoff score or that he was unjustly denied a promotion that he would have otherwise been eligible to receive had the mistake not occurred.

4.  In view of the foregoing, there is no basis to approve the applicant’s request. 

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