APPLICANT REQUESTS: In effect, the applicant requests that the effective date and date of rank for promotion to Staff Sergeant, pay grade E-6, be adjusted from 1 January 1994 to 1 June 1993.
APPLICANT STATES: That he was unfairly treated because of his assignment to Korea. Prior to his departure he requested attendance at the Basic NCO Course (BNCOC) TDY enroute to Korea; however, his request was returned because he was not promotable. Subsequent to his arrival in Korea he became promotable (in March 1992); however, he could not attend BNCOC until his return from Korea in October 1993. The delay in completion of BNCOC has placed him a year behind his peers.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered the Army on 21 August 1986. An official in the Total Army Personnel Command (PERSCOM) Promotions Branch stated that the applicant is no longer on active duty, but was discharged on 27 March 1996.
The applicant departed Fort Riley, Kansas enroute to Korea on 20 October 1991 arriving there on 12 November 1991. He served 23 months in Korea, returning to the United States and attending BNCOC at Fort Benjamin Harrison, Indiana on
18 October 1993. He completed BNCOC on 8 December 1993.
The applicant was promoted to Staff Sergeant, pay grade E-6, effective and with a date of rank of 1 January 1994. The promotion order indicates that he met the 1 June 1993 cutoff score for promotion, but did not complete BNCOC until
8 December 1993, and that he was not authorized retroactive pay and allowances.
In accordance with a military personnel message (MILPER Message Number 92-247) of 22 July 1992, effective 1 October 1992 soldiers are required to be graduates of BNCOC in order to be promoted to pay grade E-6. Soldiers who meet a cutoff score on or after 1 October 1992 will be promoted the first day of the month following completion of BNCOC. Effective date and DOR will be the first day of the month following completion of BNCOC. This message also provided guidance on applying for an exception to policy to waive this requirement. The exceptions are decided on a case by case basis when the soldier is fully qualified to attend training and no BNCOC exists for the soldiers MOS; or, if the soldier is serving in a short tour area and the next BNCOC class is not within 60 days of the soldiers DEROS. Requests are to be submitted prior to the soldier being promoted. Waivers are not granted to every soldier who requests one.
In the processing of this case an advisory opinion was obtained from the PERSCOM Promotions Branch (COPY ATTACHED).
An official of that branch reiterated the policy contained in the aforementioned message and recommended that the applicants 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 unable to attend BNCOC prior to his assignment to Korea, through no fault of his own, nor apparently, because of no error on the part of anyone else. He did not request a waiver of the requirement to attend BNCOC prior to his promotion. However, he did attend BNCOC immediately upon his return from Korea, and was promoted upon completion of that course.
2. The applicant has submitted neither probative evidence nor a convincing argument to show that he was treated unfairly or unjustly.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicants 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
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ARMY | BCMR | CY1995 | 9508222C070209
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ARMY | BCMR | CY1995 | 9511946C070209
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ARMY | BCMR | CY1996 | 9608922C070209
The applicants commander submitted a request for an exception to policy dated 19 December 1995, that would allow her to be promoted prior to completion of BNCOC. The Noncommissioned Officer Education System (NCOES) Branch of the PERSCOM approved a waiver of the BNCOC requirement and indicated that the applicant was scheduled to attend a BNCOC class from 18 April to 25 June 1996. The applicant successfully completed BNCOC on 25 June 1996 and was promoted to the pay grade of E-6 on that date.
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The applicant was promoted to sergeant on 1 June 1993. The applicant was promoted to staff sergeant E-6 effective and with a date of rank of 1 October 1997. On 15 August 2002 the official at the Army Reserve Personnel Command who scheduled the applicant for BNCOC in December 2002, stated that scheduling for BNCOC was top loaded, that she had no information whether or not he previously had been scheduled, but that he may have “fallen through the crack.”
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