MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           29 May 2003                   
	DOCKET NUMBER:   AR2002081290

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

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones, II		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that he be promoted to staff sergeant/E-6 (SSG/E-6).  

APPLICANT STATES:  In effect, that after he completed Phase 1 of the Basic Noncommissioned Officers Course (BNCOC) in military occupational specialty (MOS) 45B (Small Arms Repairer), there were no Phase II classes available and this prevented his promotion.  He claims that another impediment was that the National Guard Bureau (NGB) had a two year window for completion of 
Phase II once Phase I had been completed.  He claims that he was unable to fulfill the Phase II requirement based on the administrative inaction of his unit at the time.  He further indicates that prior to his transfer to the Retired Reserve, he contacted officials of the Pennsylvania NCO Academy, and he was informed that a waiver to allow his attendance at the BNCOC could have been granted, but the Support Group failed to take this administrative action.  

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

He was discharged from the Army National Guard (ARNG) on 20 March 2001, after completing 20 years, 5 months, and 26 days of total service for retired pay.  

The applicant’s Personnel Qualification Record (DA Form 2-1) shows that he was promoted to sergeant/E-5 (SGT/E-5) on 2 December 1987, and this was the highest rank and pay grade he held during his military service.  Item 35 (Record of Assignments) shows that the applicant’s last assignment in MOS 45B ended in February 1994.  He subsequently served in MOS 88M (Motor Transport Operator) from 15 December 1995 through 26 January 1997, and in MOS 88N (Transportation Management Coordinator) from 27 January 1997 through
20 March 2001, the date of his discharge.

The applicant’s Military Personnel Records Jacket (MPRJ) contains no documents indicting that he was ever recommended for or selected for promotion to SSG/E-6.  He completed Phase I of the MOS 45B BNCOC on 31 May 1992, but there is no indication that he ever attended or completed Phase II of the course.  Further, there is no indication that the applicant ever attended either Phase of the BNCOC for MOS 88M or MOS 88N.  

Orders Number 069-021, dated 10 April 2001, directed the applicant’s honorable discharge from the ARNG on 20 March 2001.  The Report of Separation and Record of Service (NGB Form 22) issued to the applicant upon his discharge from the ARNG confirms that on the date of his discharge, he held the rank and pay grade of SGT/E-5.  

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.  The evidence of record contains no indication that the applicant was ever recommended for promotion to SSG/E-6.  Further, the record confirms that the applicant was serving in MOS 88N for the three year period immediately preceding his discharge, and he never attended either phase of the BNCOC in this MOS.  

2.  The applicant’s record also shows that he had not served in MOS 45B since 1995, and there is no indication that he was denied attendance at Phase II of the BNCOC in this MOS at anytime while he held and served in the MOS.  Further, there is no indication that he was ever denied attendance at the BNCOC for 
MOS 88M or MOS 88N.  Therefore, the Board finds no error or injustice related to the applicant’s failure to complete the BNCOC in any of the MOSs in which he served.  As a result, it finds no evidentiary basis on which to support his promotion to SSG/E-6 at this time. 

3.  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 this requirement.

4.  The  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

___FCJ__  _LLS____  __LE_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002081290	
SUFFIX		
RECON		
DATE BOARDED	2003/05/29	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2001/03/20	
DISCHARGE AUTHORITY	NGR 600-200	
DISCHARGE REASON	Retirement 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  		
2.		
3.		
4.		
5.		
6.