PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            06 MARCH 2003                  
	DOCKET NUMBER:   AR2002075828

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Frank C. Jones II		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his conditional promotion to staff sergeant be reinstated.  

3.  The applicant states that his promotion to staff sergeant was revoked and he was erroneously reduced in grade when he was unable to attend the Basic Noncommissioned Officer Course (BNCOC).  He states that his reduction was unjust because he submitted the necessary medical documentation twice, informing his superiors of his medical status, and his inability to attend BNCOC.  He further states that he has nine dependents who count on him for their well being, and his reduction in grade is causing a financial hardship on his family.  

4.  The applicant’s military records show that he is enlisted the U.S. Army Reserve on 20 July 1979, for a period of 6 years.  The applicant served on active duty from 16 October 1979 through 3 December 1983.  He is currently on active duty in an Active Guard Reserve (AGR) status.

5.  The applicant was selected and conditionally promoted to staff sergeant on 
20 October 1999.  

6.  On 29 March 2000, the applicant was ordered to active duty in an Active Guard Reserve status.  He was scheduled to attend BNCOC in July 2000, however, through no fault of the soldier, the class was cancelled.  In February 2001, he was rescheduled for BNCOC, however, on 5 February 2001, he was given a temporary profile for carpal tunnel syndrome and was unable to attend. His profile was extended until 19 March 2001.

7.  On 6 February 2001, the applicant submitted a DA From 4187 (Personnel Action) through his chain of command explaining that he was unable to attend the BNCOC class scheduled for 12 February 2001 because of a medical profile, and requested he be rescheduled for a later date. 

8.  In June 2001 the applicant was treated for a fractured knee and put in a long leg cast.  On 27 August 2001 he was given a temporary profile for his fractured knee, this profile was extended until 1 December 2001.  On 6 April 2002, he was given a permanent profile for his knee injury.

9.  On 24 January 2002, the applicant was reduced to sergeant/pay grade E-5, as a result of his not attending BNCOC.

10.  In the processing of this case, an Advisory Opinion was obtained from the U.S. Army Reserve Personnel Command, which recommends that the applicant’s request be approved.  Their opinion states that even though the applicant’s promotion orders clearly state that he must complete a required Non-Commissioned Officer Education System (NCOES) course to retain his rank, the applicant had legitimate reasons for a delay in enrolling in BNCOC.  
11.  On 25 October 2002, the applicant was provided a copy of the advisory opinion, and concurred with the recommendation. 

CONCLUSIONS:

1.  The reasons for the applicant’s non-attendance at BNCOC has been through no fault of his own, and therefore he should not be penalized for non-attendance. 

2.  In the interest of justice the applicant’s reduction in grade should be voided, and his original promotion to pay grade E-6 should be reinstated. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by voiding the applicant’s reduction to pay grade E-5, thereby reinstating his original promotion to staff sergeant/pay grade E-6, with his original date of rank and effective date of 20 October 1999.

BOARD VOTE:  

__WTM__  __LDS__  __FCJ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002075828	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030306	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.