Search Decisions

Decision Text

ARMY | BCMR | CY1995 | 9508806C070209
Original file (9508806C070209.TXT) Auto-classification: Approved
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 applicant’s 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 applicant’s 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 soldier’s 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 soldier’s 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 soldier’s request to have his date of rank and effective date of promotion adjusted to 1 March 1993, stating that a BNCOC for that soldier’s 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 Army’s 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 applicant’s 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 applicant’s 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 applicant’s situation is similar to that of the applicant in the previous aforementioned case, in which the PERSCOM recommended and the ABCMR granted, that applicant’s request that his promotion be backdated.

2.  As concluded in the previous case, it would be an injustice to hold this applicant to the Army’s 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 applicant’s 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 applicant’s 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

Similar Decisions

  • ARMY | BCMR | CY1996 | 9608922C070209

    Original file (9608922C070209.txt) Auto-classification: Denied

    The applicant’s 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.

  • ARMY | BCMR | CY1995 | 9508222C070209

    Original file (9508222C070209.TXT) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY1995 | 9511946C070209

    Original file (9511946C070209.TXT) Auto-classification: Denied

    He goes on to state that he requested and received a waiver of the BNCOC requirement, but was unable to be promoted until he completed the BNCOC. On 20 August 1995 the applicant submitted a request for an exception to policy that would allow him to be promoted prior to completion of the BNCOC. The applicant successfully completed the BNCOC on 15 March 1996 and was promoted to the pay grade of E-6 on that date.

  • ARMY | BCMR | CY1995 | 9507717C070209

    Original file (9507717C070209.TXT) Auto-classification: Denied

    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. Requests are to be submitted prior to the soldier being promoted.

  • ARMY | BCMR | CY1997 | 9711836

    Original file (9711836.rtf) Auto-classification: Denied

    Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS : That the effective date and date of rank (DOR) of his promotion to the pay grade of E-6 be changed from 16 May 1996 to 1 February 1996. On 1 February 1996 the applicant submitted a request for an exception to policy for promotion prior to completing the BNCOC. DISCUSSION : Considering all the evidence, allegations, and information...

  • ARMY | BCMR | CY1995 | 9507773C070209

    Original file (9507773C070209.TXT) Auto-classification: Denied

    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. 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 applicant had the options of requesting attendance at the BNCOC...

  • ARMY | BCMR | CY1996 | 9610255C070209

    Original file (9610255C070209.txt) Auto-classification: Approved

    She attended the following class, and was promoted on 7 December 1995, the graduation date of that class. Notwithstanding the opinion from the PERSCOM official, the applicant could not have requested a waiver of the BNCOC requirement prior to her promotion because there was no need to do so - she was unaware that she had been scheduled for the May 1995 class until after she had been promoted. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected...

  • ARMY | BCMR | CY1997 | 9711772

    Original file (9711772.rtf) Auto-classification: Denied

    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. In the processing of this...

  • ARMY | BCMR | CY2002 | 2002066582C070402

    Original file (2002066582C070402.rtf) Auto-classification: Denied

    This office recommended that the applicant’s request to adjust his date of rank and effective date for promotion to SSG from 7 September 2000 to 1 June 1999, 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: The applicant was conditionally promoted to the rank of SSG/pay grade E-6 with a date of rank and effective date...

  • ARMY | BCMR | CY1996 | 9605399C070209

    Original file (9605399C070209.TXT) Auto-classification: Denied

    APPLICANT REQUESTS: That his promotion points worksheets (DA Form 3355) be reconstructed to determine if he met the promotion point cut-off score for promotion prior to 1 September 1995. Exceptions to this policy (Requirement to complete BNCOC prior to promotion) may be requested from the PERSCOM. The Board also notes that the earliest the applicant could have been promoted to the pay grade of E-6, based on the information contained in his records, and assuming he met the cut-off score,...