APPLICANT REQUESTS: That she be given a retroactive date of rank to 1 January 1996 with entitlement to all pay and allowances to that date.
APPLICANT STATES: That she made the promotion point cut-off score for promotion to the pay grade of E-6 on 1 January 1996 but could not be promoted until she completed the Basic Noncommissioned Officer Course (BNCOC) on 25 June 1996. She further states that due to a lack of training seats, she was unable to attend BNCOC until 18 April 1996. She goes on to state that she requested and received a waiver of the BNCOC requirement, but was unable to be promoted until she completed BNCOC.
EVIDENCE OF RECORD: The applicant's military records show:
After serving 2 years, 4 months, and 25 days of prior active service, the applicant enlisted on 14 February 1991 and has remained on active duty through continuous reenlistments. She was promoted to the pay grade of E-5 on 1 December 1993.
On 1 January 1996, while stationed at Fort Knox, Kentucky, the applicant met the promotion point cut-off score for promotion to the pay grade of E-6 in military occupational specialty (MOS) 91E. However, because the applicant was not a BNCOC graduate, the servicing personnel office informed the applicant that she could not be promoted until she graduated from BNCOC.
The applicants 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. Her chain of command supported her request and forwarded it to the Total Army Personnel Command (PERSCOM).
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 NCOES branch then forwarded the approved request for waiver to the promotions branch for necessary action.
The Promotions Branch of the PERSCOM indicated that because the applicant had already been scheduled for the next available class, a waiver was not required and that the applicant should be promoted upon successful completion of BNCOC on 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 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 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 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).
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 25 June 1996, upon successful completion of the BNCOC.
2. Although the applicant applied for and received a waiver of the requirement to complete BNCOC prior to promotion, she did not meet the criteria established by the applicable regulations for requesting such a waiver. Accordingly, the promotions branch of the PERSCOM recognized that she was already scheduled to attend BNCOC and that a waiver was not appropriate in her case.
3. The applicant has failed to show through the evidence submitted with her application or the evidence of record, that an error or injustice exists in her case. The applicant was aware of the requirement to complete BNCOC prior to promotion, and there is no evidence to suggest that she would have attended BNCOC any earlier than scheduled. Therefore, to grant the applicants requests would afford her a benefit not afforded to 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
Karl F. Schneider
Acting Director
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