APPLICANT REQUESTS: That he be given a retroactive E-6 date of rank of 1 September 1995 with entitlement to all pay and allowances to that date.
APPLICANT STATES: That he made the promotion point cut-off score for promotion to the pay grade of E-6 on 1 September 1995 but could not be promoted until he completed the Basic Noncommissioned Officer Course (BNCOC) on 15 March 1996. He further states that due to a lack of training seats, he was unable to attend the BNCOC until 7 January 1996. 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. Additionally, he claims that his failure to be timely promoted will hinder his competitiveness for promotion to the next higher grade. It also has deprived him and his family of the pay and allowances he should have received.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the pay grade of E-4 on 7 August 1991 for a period of 5 years and for training as a military policeman, military occupational specialty (MOS) 95B. He was promoted to the pay grade of E-5 on 1 June 1994.
The applicant was initially boarded for promotion to pay grade E-6 and gained promotion list status in June 1995. His promotion score was effective 1 September 1995.
On 1 September 1995, the first day of his eligibility for promotion, he met the promotion point cut-off score for promotion to the pay grade of E-6 in MOS of 95B. However, because the applicant was not a BNCOC graduate, the servicing personnel office informed the applicant that he could not be promoted until he graduated from 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. His chain of command supported his request and forwarded it to the Total Army Personnel Command (PERSCOM), NCO Education System (NCOES) Branch.
The NCOES Branch approved a waiver of the BNCOC requirement and indicated that the applicant was scheduled to attend a BNCOC class from 7 January 1996 to 15 March 1996. The NCOES Branch then forwarded the approved request for waiver to the Promotions Branch within the PERSCOM for necessary action.
The Promotions Branch indicated that because the applicant had already been scheduled for the next available class, a waiver was not appropriate, and that the applicant should be promoted upon successful completion of the BNCOC on 15 March 1996.
The applicant successfully completed the BNCOC on 15 March 1996 and was promoted to the pay grade of E-6 on that date.
Army Regulation 600-8-19 prescribes policies and procedures governing the promotion of Army enlisted personnel. It states, in pertinent part, that linkage of the NCOES to promotions ensures that NCOs are provided the appropriate skills, knowledge and attitudes before they assume the duties and responsibilities of the next higher grade. This linkage also aligns the NCO professional/leader development system with the Army philosophy of Train, Promote, and Utilize. Effective 1 October 1992, soldiers were required to be graduates of the BNCOC in order to be promoted to the pay grade of E-6. Soldiers who meet a cut-off score on or after 1 October 1992, but are not BNCOC graduates, provided otherwise eligible, will be promoted on the day of successful completion of the BNCOC. Exceptions to this policy (Requirement to complete BNCOC prior to promotion) may be requested from the PERSCOM. Exceptions will be considered on a case-by-case basis when the soldier is fully qualified to attend training but no BNCOC exists for the soldiers MOS, or if the soldier is serving in a short tour area and the next available BNCOC is not within 60 days of the date the soldier is eligible to return from overseas.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant was properly promoted to the pay grade of E-6 on 15 March 1996, upon successful completion of the BNCOC.
2. Although the applicant applied for and received a waiver of the requirement to complete the BNCOC prior to promotion, he did not meet the criteria established by the applicable regulations for requesting such a waiver. Accordingly, the promotions branch recognized that he was already scheduled to attend the BNCOC and that a waiver was not appropriate in his case.
3. The applicant has failed to show through the evidence submitted with his application or the evidence of record, that an error or injustice exists in his case. The applicant was aware of the requirement to complete the BNCOC prior to promotion, and there is no evidence to suggest that he would have attended the BNCOC any earlier than scheduled. Therefore, to grant the applicants request would give him a benefit not afforded others in similar situations.
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
David R. Kinneer
Executive Secretary
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