2. In effect, the applicant requests that the effective date and date of rank of his promotion to pay grade E-5 be changed from 1 November 1996 to 1 July 1996. He states that he was notified in June that he had made the cutoff score for promotion on 1 July, but that a copy of his DA Form 1059, showing that he completed the primary leadership development course (PLDC) was not in his records. He provided a copy of this form, but was then informed that his name was not included in a computer printout from DA and he would have to request an exception to policy in order to be promoted. Before this exception was submitted by his personnel service battalion, he made the cutoff score for promotion on 1 November and was promoted.
3. The applicant completed the PLDC on 24 May 1996. On
26 June 1996 he was notified by the detachment personnel officer of the 24th Personnel Service Battalion (PSB) at Fort Benning, Georgia, that he met the cutoff score for promotion to E-5 on 1 July, but could not be promoted until he completed PLDC.
4. The applicant was promoted effective and with a date of rank of 1 November 1996.
5. Army Regulation 600-8-19 provides the policy and procedures for the promotion of enlisted personnel. Chapter 3 of that regulation states, in effect, that in order for a soldier to be promoted to pay grade E-5, he must be identified as being eligible for promotion, recommended by his unit commander, appear before and be recommended by a promotion board. Promotion is then dependent on the soldiers meeting or exceeding promotion cutoff scores announced monthly by DA.
6. Paragraph 3-34k(3) of that regulation states that soldiers are required to be graduates of PLDC prior to promotion to SGT.
7. Paragraph 3-18j states, in effect, that the promotion packet of a soldier on the recommended list will be kept in the soldiers records and a copy in the promotions section until the soldier is promoted. Documents removed from the records will be given to the soldier.
8. In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command Promotions Branch. An official of that branch stated that the applicant had not provided his promotion packet and supporting documentation or an exception to policy request; and that the applicant had not exhausted the administrative options available to him. That official recommended that the applicants request be denied and that he be instructed on the procedures for submitting an exception to policy.
CONCLUSIONS:
1. The applicant met the cutoff score for promotion to pay grade E-5 on 1 July 1996. He met the PLDC completion requirement prior to that date.
2. The applicant should be promoted to pay grade E-5 with an effective date and date of rank retroactive to
1 July 1996.
3. 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 that the individual concerned was promoted to pay grade E-5 effective and with a date of rank of 1 July 1996.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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