APPLICANT REQUESTS:  That his promotion points worksheets (DA Form 3355) be reconstructed to determine if he met the promotion point cut-off score for promotion prior to 1 September 1995.

APPLICANT STATES:  In effect, that he made every attempt possible to accomplish the recomputation of his promotion points on time, but to no avail.  Consequently, he believes that he may have met a promotion point cut-off score sooner than 1 September 1995 had the system not failed him.  In support of his application he submits an incomplete DA Form 3355 dated 24 January 1994 and several statements from his chain of command indicating the difficulty he experienced in trying to get his promotion points corrected.

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

After serving 3 years of prior active service he enlisted in the Regular Army on 28 November 1989 for a period of 4 years.  He was promoted to the pay grade of E-5 on 1 November 1990.  

He completed the Basic Noncommissioned Officer course (BNCOC) on 22 February 1995 and was promoted to the pay grade of E-6 on 1 September 1995.

There are no copies of the applicant’s DA Form 3355’s in the available records.

The supporting statements submitted by the applicant indicate that the applicant made numerous attempts to conduct his recomputation of promotion points.  However, through a serious of administrative errors he was unable to do so.  As a result, the servicing personnel service center conducted the recomputation in his absence.

Army Regulation 600-8-19 prescribes policies and procedures governing the promotion of Army enlisted personnel.  It states, in pertinent part, that linkage of NCOES to promotions ensures that NCO’s are provided the appropriate skills, knowledge and attitudes before they assume the duties and responsibilities of the next higher grade.  This linkage also aligns the NCO professional/leader development system with the Army philosophy of “Train, Promote, and Utilize.”  Effective 1 October 1992, soldiers were required to be graduates of BNCOC in order to be promoted to the pay grade of E-6.  Soldiers who met a cut-off score on or after 1 October 1992, but were not BNCOC graduates, provided otherwise eligible, would be promoted on the first day of the month following graduation.  However, under current policy, soldiers will be promoted on the day of successful completion of BNCOC.  Exceptions to this policy (Requirement to complete BNCOC prior to promotion) may be requested from the PERSCOM.  Exceptions will be considered on a case-by-case basis when the soldier is fully qualified to attend training and no BNCOC exists for the soldier’s MOS or if the soldier is serving in an overseas short tour area and the next available BNCOC is not within 60 days of the soldier’s date eligible to return from overseas (DEROS).

Army Regulation 600-8-19, in effect at the time, also prescribed the policies and procedures for conducting annual recomputation of promotion points.  It stated, in pertinent part, that promotion points must be recomputed 12 months (plus or minus 1 month) after the last computation that occurred without a board action.  If the soldier is unavailable or fails to appear for their recomputation as scheduled, the servicing personnel service center (PSC) will recompute the points with the information that is available and provide a copy of the recomputation to the individual concerned as soon as possible. 

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

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s contention that he may have been eligible for promotion prior to 1 September 1995 is purely speculation on his part and is not supported by the evidence submitted with his application or the evidence of record.  The Board also notes that the earliest the applicant could have been promoted to the pay grade of E-6, based on the information contained in his records, and assuming he met the cut-off score, was 22 February 1995, the day he completed the BNCOC. 

3.  Inasmuch as the Board is not an investigative body, the Board must presume, in the absence of evidence to the contrary, that the actions taken by the Army were correct.  Therefore, there is no basis to approve the applicant’s request.  

4.  While it is unfortunate that the applicant was unable to be present for his recomputation, the applicable regulation provided that the servicing PSC could conduct the recomputation in the absence of the individual concerned.  This action in itself does not constitute an error or imply that his recomputed score was incorrect.

5.  In view of the foregoing, there is no basis for granting 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