| Ms. | Joann H. Langston | Chairperson | |
| Mr. | Calvin M. Fowler | Member | |
| Ms. | Karen L. Wolff | Member |
| Mr. | Karl F. Schneider | Acting Director | |
| Mr. | Jessie B. Strickland | Analyst |
APPLICANT REQUESTS: That her date of rank (DOR) for promotion to the pay grade of E-6 be changed from 12 July 1996 to 1 January 1996.
APPLICANT STATES: That she was en route from Hawaii to Fort Hood, Texas when she met the promotion cut-off score. However, because she had not completed the Basic NCO Course (BNCOC) she could not be promoted. She further states that she submitted requests to attend the BNCOC and to be conditionally promoted pending her completion of the BNCOC. However, her request was not processed by her unit until 30 April 1996 when she was already in the BNCOC. She goes on to state that by the time she completed the BNCOC and was promoted, over 7 months had elapsed. She contends that had her unit properly processed her requests, she would have been promoted effective 1 January 1996, just like other members of her BNCOC class had been promoted. In support of her application she submits copies of her requests along with the supporting documentation from her chain of command.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was promoted to the pay grade of E-5 on 1 August 1992. After serving 7 years, 5 months, and 6 days of total active service, she reenlisted on 28 September 1995, while stationed in Hawaii, for a period of 2 years.
On 31 January 1996, while stationed at Fort Hood, she submitted a request to attend the next available BNCOC course due to the fact that she had met the promotion cut-off score on 1 January 1996. She also submitted a request for a conditional promotion on 23 February 1996. However, her request was returned without action because the applicant was already attending the BNCOC.
The applicant attended the BNCOC from 10 March to 12 July 1996 and was promoted to the pay grade of E-6 on 12 July 1996, the day of her graduation from the course.
In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) which opined, in effect, that there was no record of a request for a waiver ever having been received at the PERSCOM, but that the applicant was properly promoted to the pay grade of E-6 after completion of the BNCOC in accordance with the applicable regulations. The PERSCOM recommended that the applicant’s case be denied.
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 NCO’s 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 first day of the month following 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 soldier’s 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 soldier’s 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, and advisory opinion(s), it is concluded:
1. The applicant was properly promoted to the pay grade of E-6 on 12 July 1996, upon successful completion of the BNCOC.
2. Although the applicant applied for a waiver of the requirement to complete BNCOC prior to promotion, it appears that she did not meet the criteria established by the applicable regulations for requesting such a waiver. Furthermore, she attended the BNCOC within 45 days of meeting the established cut-off score.
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 or that she was disadvantaged based on her permanent change of station. Therefore, to grant the applicant’s request 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 applicant's 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
JHL CMF KW DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1996 | 9608922C070209
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. 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 applicant successfully completed BNCOC on 25 June 1996 and was promoted to the pay grade of E-6 on that date.
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 | 9511946C070209
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. 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. The applicant successfully completed the BNCOC on 15 March 1996 and was promoted to the pay grade of E-6 on that date.
ARMY | BCMR | CY1996 | 9605399C070209
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. Exceptions to this policy (Requirement to complete BNCOC prior to promotion) may be requested from the PERSCOM. 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,...
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...
ARMY | BCMR | CY1995 | 9507717C070209
In accordance with a military personnel message (MILPER Message Number 92-247) of 22 July 1992, effective 1 October 1992 soldiers are required to be graduates of BNCOC in order to be promoted to pay grade E-6. Soldiers who meet a cutoff score on or after 1 October 1992 will be promoted the first day of the month following completion of BNCOC. Requests are to be submitted prior to the soldier being promoted.
ARMY | BCMR | CY1995 | 9508806C070209
The applicant states that two other soldiers received an exception to policy, one because he did not have a seat for the May 1993 class; and the other after attending the May 1993 class, because he was not afforded the opportunity to attend BNCOC prior to the effective date of his promotion. On 17 November 1992 the applicants commanding officer requested an exception to the policy linking completion of BNCOC to promotion in order for the applicant to be promoted to pay grade E-6. On 16...
ARMY | BCMR | CY1996 | 9605946C070209
On 7 November 1994 the applicants battalion commander requested that the applicant be promoted to SSG on 1 November 1994 as an exception to the policy requiring a soldier to be a graduate of BNCOC prior to promotion. That official stated, in effect, that the applicant did not attend a previous course for which she was scheduled, and did not attend a later course because of her temporary profile. He went on to say that waivers are granted to those soldiers who are fully qualified to attend...
ARMY | BCMR | CY1996 | 9610255C070209
She attended the following class, and was promoted on 7 December 1995, the graduation date of that class. 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. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected...
ARMY | BCMR | CY1995 | 9507773C070209
The PERSCOM (Specialized Training Management Branch) determined that the applicant had not been scheduled for an earlier class date due to the unavailability of class seats and granted her a waiver effective 1 March 1993. While the Board recognizes that she would have been promoted earlier had she attended BNCOC earlier, there are limited numbers of training seats in each class and not everyone can attend at the same time. The applicant had the options of requesting attendance at the BNCOC...