2. In effect, the applicant requests that the effective date and date of rank of her promotion to pay grade E-5 be retroactive to 1 September 1995.
3. The applicant states that an administrative error caused her to miss a Basic NCO Course (BNCOC), a prerequisite for promotion, scheduled from 16 May 1995 to 19 July 1995; that neither herself or anyone in her chain of command was informed of the class dates. She attended the following class, and was promoted on 7 December 1995, the graduation date of that class. Due to this administrative error she was promoted later than should would have been had she attended the earlier class. She met the cutoff score for promotion in September 1995.
4. The applicant attended BNCOC, graduating on
7 December 1995, and was promoted to pay grade E-6 on that date. The promotion order indicates that she met the cutoff score for promotion to E-6 on 1 September 1995.
5. A training reservation of 17 July 1995 indicates that the applicant had had a reserved seat for the BNCOC beginning 16 May 1995 and ending on 19 July 1995. That document also indicates that the applicant was a no show for that class. The applicants unit identification code (UIC) shown on that reservation is W4PC03.
6. The Chief of Operations and Training, the operations sergeant, and the training NCO of the applicants unit, all state that the applicant originally had a reserved seat for the 16 May 1995 BNCOC, but neither of them received notification of this class date for the applicant, possibly because the UIC (used to identify an Army unit) of W4PC03 does not exist on Fort Leavenworth. The correct UIC is W4PCA1. This error delayed the notification process and the applicant had no knowledge of the 16 May 1995 class prior to attending the 3 October 1995 class.
7. The applicants leader at the October BNCOC class states that based on the applicants performance as a student under his supervision, that if the soldier had attended her previously scheduled class, she would have performed in the same outstanding manner as she did in the October class. That NCO recommended that her request be approved.
8. In the processing of this case an advisory opinion was obtained from the Promotions Branch, the Total Army Personnel Command (PERSCOM)(COPY ATTACHED). An official of that branch contends that because the applicant did not graduate from BNCOC until 7 December 1995, and did not request a waiver prior to her promotion, she was properly promoted in accordance with established policy. That official recommended that the applicants request be denied.
9. Army Regulation 600-8-19 prescribes the policy for promotion of enlisted personnel. Paragraph 3-34k(3) of that regulation states that soldiers are required to be graduates of PLDC prior to promotion to SGT and graduates of the Basic NCO Course (BNCOC) prior to promotion to SSG. Soldiers are allowed to compete for promotion to SGT and SSG but cannot be promoted until completion of the appropriate NCO Education System (NCOES) course. Soldiers who met a cut-off score but were not graduates of the required NCOES course, will be promoted on the date they successfully complete the course, provided they are otherwise qualified. Effective date and date of rank (DOR) will be the date of graduation.
CONCLUSIONS:
1. The applicant did not attend a scheduled 16 May 1995 class through no fault of her own. Three individuals, a civilian chief of operations and training, and two NCO, all attest that they, and the applicant, were not informed of the scheduled class.
2. If the applicant had attended the 16 May 1995 class, her manner of performance would have emulated her manner of performance of the October 1995 class and she would have graduated on 19 July 1995. The applicant would then have been eligible for promotion on 1 September 1995, the date she met the cutoff score for promotion in her specialty.
3. 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.
4. The applicant should have been promoted to pay grade E-6 on 1 September 1995, the date she met the cutoff score for promotion to that grade in her specialty.
5. 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 the individual concerned was promoted to pay grade E-6 with an effective date and date of rank of 1 September 1995.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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