APPLICANT REQUESTS: That her date of rank (DOR) in the pay grade of E-6 be adjusted from 1 August 1993 to 1 March 1993.
APPLICANT STATES: The applicant states that she met the cut-off score for promotion to the pay grade of E-6 on 1 March 1993. However, because she had not completed the Basic Noncommissioned Officer Course (BNCOC) she could not be promoted until the first day following completion of the course. She further states that she felt the delay in her promotion was unjust because she could not obtain an earlier class date and therefore requested, as an exception to policy, that she be granted a waiver. She goes on to state that the Department granted her a waiver and she would like her records corrected accordingly.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 29 September 1988 for a period of 4 years and has remained on active duty through continuous reenlistments. She was promoted to the pay grade of E-5 on 1 October 1990.
She attained promotion list standing for promotion to the pay grade of E-6 in military occupational specialty (MOS) 71G in June 1992, with an effective date of 1 September 1992 (personnel must be on the promotion standing list for 3 months before they are eligible to compete for promotion). On 1 March 1993 she met the cut-off score for promotion to the pay grade of E-6. However, because she had not completed the BNCOC she was not eligible for promotion at that time.
On 10 March 1993, orders were requested to send the applicant from Germany to Fort Sam Houston, Texas, to attend the BNCOC from 21 June through 29 July 1993. The orders were authenticated on 17 March 1993. The applicant completed the course and was promoted to the pay grade of E-6 on 1 August 1993.
The applicant submitted a request for exception to policy to meet the BNCOC requirement prior to promotion to the Total Army Personnel Command (PERSCOM) on 12 December 1994. The PERSCOM (Specialized Training Management Branch) determined that the applicant had not been scheduled for an earlier class date due to the unavailability of class seats and granted her a waiver effective 1 March 1993.
In the processing of this case, an advisory opinion (COPY ATTACHED) was obtained from the Promotions Branch of the PERSCOM. The PERSCOM opined that the implementing guidance for requesting a waiver of BNCOC requirements (MILPER message number 92-247 effective 1 October 1992) specified that waivers would be decided on a case by case basis and were to be submitted prior to the soldiers being promoted. The PERSCOM (Promotions Branch) further opined that the Specialized Training Management Branch did not have the authority to grant the applicant a retroactive DOR and that her date of rank of 1 August 1993 was correct and in accordance with applicable regulations. It also opined that approving the applicants request would give her an unfair advantage not afforded to her peers and recommended that her 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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. Although the applicant obtained a waiver of the BNCOC requirement from the PERSCOM, she did so after she was promoted, which was contrary to the guidance for obtaining waivers.
3. Furthermore, the applicants rationale for requesting a waiver was that she was unable to obtain an earlier class date. Although the PERSCOM confirmed that the applicant was not scheduled for an earlier class due to an unavailability of class seats, there is no indication in the available records to show that she requested attendance at the BNCOC any earlier than she was scheduled.
4. Additionally, the Board does not find, based on the date she attained promotion list status, the date orders were published sending her to the BNCOC, and the demand for training spaces, that she was unnecessarily delayed or denied attendance at the BNCOC any earlier than she should have been scheduled.
5. While the Board recognizes that she would have been promoted earlier had she attended BNCOC earlier, there are limited numbers of training seats in each class and not everyone can attend at the same time. The Board also recognizes that soldiers must accept some responsibility in these matters. The applicant had the options of requesting attendance at the BNCOC earlier than she was scheduled or requesting a waiver prior to meeting the cut-off score. There is no indication that the applicant took any action to meet all of the promotion criteria. Consequently, it would not be appropriate to grant her a benefit not afforded those in similar circumstances.
6. 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
David R. Kinneer
Executive Secretary
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