APPLICANT REQUESTS:  The applicant requests retroactive promotion to Staff Sergeant, pay grade E-6 effective 
1 January 1994.  

APPLICANT STATES:  He states, in effect, that his southwest Asia service, worth four promotion points, was overlooked by the promotion NCO upon his initial promotion point computation in November 1992, and because these points were not awarded, he did not meet the cutoff score for promotion in February 1993, and was not promoted in January 1994, immediately after completion of the basic NCO course (BNCOC), as he should have been.

The applicant also states that the promotion NCO did not award him eight points for completion of two Air Force courses, which would have further raised his total points for promotion to pay grade E-6.  He states that he has been trying since January 1994 to correct these mistakes, to no avail.  His command recommended disapproval on a request to the Total Army Personnel Command (PERSCOM) for retroactive promotion, and that request was disapproved by PERSCOM.  

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

The applicant served in Saudi Arabia from 22 December 1990 through 18 April 1991.

The applicant was recommended for promotion in October 1992. His promotion point worksheet (DA Form 3355), certified by an NCO and by the applicant on 6 November 1992 shows his total promotion points as 705.  That worksheet does not show points awarded for service in southwest Asia or points awarded for completion of Air Force courses.   

In November 1993 his promotion points were recomputed.  This recomputation shows that he was awarded three points for his Saudi Arabia service and eight points for completion of the two Air Force courses.

The applicant completed BNCOC on 2 December 1993.  


The applicant requested a promotion point adjustment on 
9 March 1994 and his points were correctly adjusted to 717, effective in June 1994.

In August 1994 the applicant requested adjustment to his initial promotion point worksheet (November 1992) to reflect three points for his service in Saudi Arabia and eight points for his training he completed with the Air Force.  He states that the promotion NCO did not award him the points for his service in the Persian Gulf, which was documented on his DA Form 2-1 (Personnel Qualification Record), and that that NCO informed him that his training with the Air Force was not valid for promotion points.  He stated that he later discovered that this training was worth eight promotion points (The applicant submitted two certificates of training form the Air Force showing completion of two separate two week courses).  He stated that he would have been promoted in January 1994 had these points been awarded. 

The applicant’s command recommended disapproval of his request due to the applicant’s own negligence, stating that the applicant failed to present supporting documentation at the time of the initial computation of his promotion points. The applicant was informed to request a promotion point adjustment, and failed to do so.

The PERSCOM disapproved the applicant’s request, stating that the applicant was responsible for ensuring his records were current and accurate; that the applicant signed his initial DA Form 3355 certifying the administrative points had been accurately extracted from his records and that the promotion points were correct.  The applicant had not provided documentation to justify approval of his request for an exception to policy.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the PERSCOM Promotions Branch.  An official of that branch stated, in effect, that a soldier may request adjustment to add administrative points that were effective prior to the date of the last board, reevaluation, or recomputation, but were left off the DA Form 3355.  Adjustments to add points are effective on the first day of the third months following the month of receipt by the Personnel Service Center.  Adjustments will not result in retroactive promotion.  That official stated that the applicant signed his DA Form 3355 in November 1992 attesting to its accuracy and completeness, he subsequently submitted a promotion point adjustment on 9 March 1994 and his promotion points were correctly adjusted with an effective date of June 1994.  He went on to say that the applicant had not provided any evidence of any previous request for a promotion point adjustment and recommended that the applicant’s request be denied.

Information obtained from the PERSCOM revealed that the applicant’s basic active service date (BASD) is 
2 November 1987.  

The February 1993 primary zone cutoff score for promotion to Staff Sergeant in the applicant’s specialty is 717; the secondary zone cutoff score, 736.

MILPER message number 92-247 dated 22 July 1992 implemented a new Army policy linking graduation from BNCOC and promotion eligibility to pay grade E-6.  The message states, in effect, that effective 1 October 1992 soldiers are required to be graduates of BNCOC in order to be promoted to pay grade E-6, and that soldiers who meet a cutoff score on or after 1 October 1992, but are not BNCOC graduates will be promoted the first day of the month following completion of BNCOC.  The message also provided for a procedure by which eligible soldiers could request exceptions to the new policy and be granted retroactive promotions based on meeting certain criteria. 

MILPER message 91-41 dated 15 November 1990 established a new category of promotion points under the military education portion of the DA Form 3355, and stated in effect that soldiers deployed in support of Operation Desert Shield for at least three consecutive months will be awarded one point per month of deployment up to a maximum of 12 points. Points will not be awarded for partial months. 

Army Regulation 600-8-19 prescribes the policies and procedures for enlisted promotions.  Paragraph 1-14 of that regulation states, in effect, that time in service for promotion will be based on a soldier’s BASD.  Table 3-2 of that regulation provides the eligibility criteria for promotion to Staff Sergeant and states, in effect, that the time in service for promotion to Staff Sergeant (as of the 1st day of the promotion month) is 84 months; that time in service is reduced to 48 months for secondary zone promotion.
  
Paragraph 3-34 of the aforementioned regulation states, in effect, that soldiers will be eligible for promotion on the first day of the third month following the selection month. 

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.  Notwithstanding the PERSCOM advisory opinion, the applicant did serve in southwest Asia and did complete two Air Force courses prior to his initial promotion point computation in November 1992.  He should have been awarded 717 promotion points.  Nonetheless, he has been awarded these points with an effective date of June 1994.  

2.  The delay in adjusting promotion points has not resulted in a disservice nor an injustice to the applicant.  He had only 74 months time in service in January 1994 and was not eligible for promotion to Staff Sergeant in the primary zone, nor could he be promoted from the secondary zone, based on the secondary zone cutoff score of 736.

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 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