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.
APPLICANT STATES: In effect, that he made every attempt possible to accomplish the recomputation of his promotion points on time, but to no avail. Consequently, he believes that he may have met a promotion point cut-off score sooner than 1 September 1995 had the system not failed him. In support of his application he submits an incomplete DA Form 3355 dated 24 January 1994 and several statements from his chain of command indicating the difficulty he experienced in trying to get his promotion points corrected.
EVIDENCE OF RECORD: The applicant's military records show:
After serving 3 years of prior active service he enlisted in the Regular Army on 28 November 1989 for a period of 4 years. He was promoted to the pay grade of E-5 on 1 November 1990.
He completed the Basic Noncommissioned Officer course (BNCOC) on 22 February 1995 and was promoted to the pay grade of E-6 on 1 September 1995.
There are no copies of the applicants DA Form 3355s in the available records.
The supporting statements submitted by the applicant indicate that the applicant made numerous attempts to conduct his recomputation of promotion points. However, through a serious of administrative errors he was unable to do so. As a result, the servicing personnel service center conducted the recomputation in his absence.
Army Regulation 600-8-19 prescribes policies and procedures governing the promotion of Army enlisted personnel. It states, in pertinent part, that linkage of 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 BNCOC in order to be promoted to the pay grade of E-6. Soldiers who met a cut-off score on or after 1 October 1992, but were not BNCOC graduates, provided otherwise eligible, would be promoted on the first day of the month following graduation. However, under current policy, soldiers will be promoted on the day of successful completion of 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 and no BNCOC exists for the soldiers MOS or if the soldier is serving in an overseas short tour area and the next available BNCOC is not within 60 days of the soldiers date eligible to return from overseas (DEROS).
Army Regulation 600-8-19, in effect at the time, also prescribed the policies and procedures for conducting annual recomputation of promotion points. It stated, in pertinent part, that promotion points must be recomputed 12 months (plus or minus 1 month) after the last computation that occurred without a board action. If the soldier is unavailable or fails to appear for their recomputation as scheduled, the servicing personnel service center (PSC) will recompute the points with the information that is available and provide a copy of the recomputation to the individual concerned as soon as possible.
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. 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.
2. The applicants contention that he may have been eligible for promotion prior to 1 September 1995 is purely speculation on his part and is not supported by the evidence submitted with his application or the evidence of record. 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, was 22 February 1995, the day he completed the BNCOC.
3. Inasmuch as the Board is not an investigative body, the Board must presume, in the absence of evidence to the contrary, that the actions taken by the Army were correct. Therefore, there is no basis to approve the applicants request.
4. While it is unfortunate that the applicant was unable to be present for his recomputation, the applicable regulation provided that the servicing PSC could conduct the recomputation in the absence of the individual concerned. This action in itself does not constitute an error or imply that his recomputed score was incorrect.
5. 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
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1995 | 9511946C070209
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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...
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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...
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Consequently, the applicant met the promotion point cut-off score for 1 July 1996 and should be promoted to the pay grade of E-6 effective that date. In view of the determination by the PERSCOM and the foregoing conclusions, it would be appropriate to promote the applicant to the pay grade of E-6 effective 1 July 1996. That all of the Department of the Army records related to this case be corrected by showing that the individual; concerned was promoted to the pay grade of E-6 effective 1...
ARMY | BCMR | CY1997 | 9711836
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 | 9507786C070209
He further states that he met the cut-off score for promotion to E-5 on 1 January 1995 but could not be promoted to the pay grade of E-6 until he completed PLDC on 14 March 1995. Not only could he have requested a waiver of the PLDC requirement in the event that he met the cut-off score while deployed, he very possibly could have requested attendance at an earlier date. The applicant was aware of the requirement to complete PLDC prior to promotion, and there is no evidence to suggest that...
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She contends that the Personnel Service Battalion (PSB) wrongly removed 41 promotion points from the recomputation of her DA Form 3355 (Promotion Point Worksheet) for August 1995. Under education the 41 promotion points previously awarded from the Orleans Technical Institute were removed. 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 effective 1 March 1996 with a same...
ARMY | BCMR | CY1997 | 9710522
She contends that the Personnel Service Battalion (PSB) wrongly removed 41 promotion points from the recomputation of her DA Form 3355 (Promotion Point Worksheet) for August 1995. The applicant’s was granted 881 promotion points on her initial DA Form 3355, dated 10 August 1992. Under civilian education she was granted a total of 48 promotion points, 41 points were earned at Orleans Technical Institute.
ARMY | BCMR | CY1995 | 9508806C070209
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