2. In effect, the applicant requests that the effective date and date of rank of his promotion to pay grade E-6 be adjusted from 1 July 1993 to 1 November 1992.
3. The applicant states that he was eligible for promotion to pay grade E-6 in February 1991 while assigned to a military intelligence unit in Korea. He requested and was denied attendance at Basic NCO Course (BNCOC) classes in March and September 1991 because he was on a short tour in Korea and BNCOC was not linked to promotion. The January 1992 BNCOC class was full, and he applied for BNCOC again in March and was again denied. He could not be promoted in November 1992 because of the new requirement linking BNCOC completion to promotion; consequently, he requested that the Total Army Personnel Command (PERSCOM) grant him an exception to the new requirement so he could be promoted. That request was denied because he was scheduled to attend the May 1993 class and would be promoted upon completion of that class.
4. The applicant states that two other soldiers received an exception to policy, one because he did not have a seat for the May 1993 class; and the other after attending the May 1993 class, because he was not afforded the opportunity to attend BNCOC prior to the effective date of his promotion. He states that he submitted a request for adjustment of his date of rank and effective date of promotion, and that request was denied by PERSCOM.
5. On 17 November 1992 the applicants commanding officer requested an exception to the policy linking completion of BNCOC to promotion in order for the applicant to be promoted to pay grade E-6. That official stated that the applicant had been in a promotable status for two years and had not had the opportunity to attend BNCOC. There was only one BNCOC class per year for soldiers with his specialty, seating only 12 soldiers. That official stated that the applicant met the cutoff score for promotion on
1 November 1992 and had a confirmed seat for the May 1993 BNCOC class. That request was supported by personnel in the applicants chain of command. On 10 December 1992 PERSCOM (Training Division) disapproved the request.
6. The applicant submitted a copy of a document showing that on 28 March 1994 the commanding officer of a soldier (not the applicant) requested that that soldiers effective date of promotion be adjusted from 1 July 1993 to
1 March 1993. That official stated that the soldier requested waiver of the BNCOC requirement because he was in a short tour area and the waiver was denied by PERSCOM because that command claimed that the soldier was scheduled for the May 1993 class. That official went on to say that three other soldiers were in similar situations, two of them having been granted a waiver and promoted, and the other two (including this soldier) promoted after attending the May 1993 class. That official stated that all of the soldiers should have been treated alike. The PERSCOM recommended to the ABCMR on 27 October 1994 that the soldiers date of rank and effective date of promotion be adjusted to 1 March 1993, because he was not afforded the opportunity to attend BNCOC prior to his effective date of promotion, and the only class scheduled in that fiscal year began after the soldier met the cutoff score.
7. On 16 November 1994 the ABCMR granted the aforementioned soldiers request to have his date of rank and effective date of promotion adjusted to 1 March 1993, stating that a BNCOC for that soldiers specialty was held only once a year beginning in May; he was not afforded the opportunity to attend the course prior to his meeting a promotion point cutoff score on 1 March 1993; and that it would be an injustice to hold the Armys new promotion linkage policy by requiring him to be a graduate of the BNCOC when the particular course was not made available to him.
8. The applicant attended BNCOC from 18 May to
23 June 1993. He was promoted to pay grade E-6 on
1 July 1993.
9. In response to the applicants request to have his date of rank and effective date of promotion adjusted, the PERSCOM (Enlisted Promotions Branch), on 10 May 1995, disapproved that request, citing the applicants previous request for and disapproval of a waiver of the BNCOC requirement, and stating that granting the exception would create inequalities within the enlisted promotion system and give the applicant an unfair advantage not available to other soldiers.
10. 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.
CONCLUSIONS:
1. The applicant was not afforded the opportunity to attend BNCOC prior to his meeting a promotion cutoff score on
1 November 1992. The applicants situation is similar to that of the applicant in the previous aforementioned case, in which the PERSCOM recommended and the ABCMR granted, that applicants request that his promotion be backdated.
2. As concluded in the previous case, it would be an injustice to hold this applicant to the Armys promotion linkage policy which required him to be a graduate of the BNCOC when the particular course was not then available to him.
3. The applicants date of rank and effective date of promotion to pay grade E-6 should be 1 November 1992, the date that he met the cutoff score for promotion.
4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to pay grade E-6 with a date of rank and effective date of promotion of 1 November 1992 and that he receive all pay and allowances resulting from that promotion.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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