MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 25 February 1998
         DOCKET NUMBER: AC97-11836

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The following members, a quorum, were present:

Ms.	Joann H. Langston		Chairperson
Mr.	Calvin M. Fowler		Member
Ms.	Karen L. Wolff		Member

         Also present, without vote, were:

Mr.	Karl F. Schneider		Acting Director
Mr.	Jessie B. Strickland		Analyst

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. 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.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

         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.

APPLICANT STATES : That he met the cut-off score for promotion to the pay grade of E-6 on 1 February 1996 but could not be promoted because he had not completed the Basic NCO Course (BNCOC). He goes on to state that he submitted a request for a waiver to be promoted as an exception to policy without completing the BNCOC. He further states that he contacted officials at the Total Army Personnel Command (PERSCOM) on 21 February 1996 to ascertain the status of his request and to arrange a date to attend the BNCOC. He goes on to state that he was informed that he had been schedule to attend the BNCOC on 29 January 1996 and was reported as a no-show for the class. He continues by stating that he nor his chain of command were notified that he was scheduled for the class and that once his commander intervened and explained the circumstances, he was rescheduled for the BNCOC and promoted on 16 May 1996. He goes on to state that he should not have been penalized for not attending the class he was never notified of and that he should have been promoted on 1 February 1996, the date he met the cut-off score.

EVIDENCE OF RECORD : The applicant's military records show:

The applicant enlisted on 14 August 1990 for a period of 6 years and training as an attack helicopter repairer. He was promoted to the pay grade of E-5 on 1 February 1993.

On 1 February 1996 the applicant submitted a request for an exception to policy for promotion prior to completing the BNCOC. He indicated that he had met the cut-off score on 1 January 1996 and that he had not been scheduled for attendance at the BNCOC. His commander provided a memorandum dated 21 February 1996 indicating that he had been scheduled for BNCOC attendance from 29 January through 2 May 1996, but that neither the chain of command or the applicant had been notified.

The PERSCOM approved the applicant’s request for a waiver as an exception to policy; however, they approved it for an effective date of 16 May 1996 with the condition that he graduate from the BNCOC. Accordingly, the applicant was promoted to the pay grade of E-6 on 16 May 1996.

He attended the BNCOC from 30 July 1996 to 5 November 1996 and was deemed the distinguished graduate of the course.

In the processing of this case, an advisory opinion was obtained from the PERSCOM. It opined that that the applicant’s request for a conditional promotion was approved as an exception to policy and that in order to be fair to the applicant and his peers, his DOR and effective date of promotion were based on the graduation date of the first BNCOC class which began and ended immediately after the applicant exceeded the cut-off score. It further opined that to grant the applicant an earlier DOR and effective date would give the applicant an advantage not afforded to all soldiers and would set an unfair precedence.

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 16 May 1996, based on an approved exception to policy.

2. Although the applicant applied for a waiver of the requirement to complete BNCOC prior to promotion, it appears that he did not meet the criteria established by the applicable regulations for requesting such a waiver. However, since he was scheduled to attend the BNCOC and was not properly notified, an exception to policy was warranted in this case.

3. The applicant has failed to show through the evidence submitted with his application or the evidence of record, that an error or injustice exists in his case. The applicant was aware of the requirement to complete BNCOC prior to promotion, and was granted a waiver to be promoted on the graduation date of the first class that would have commenced after he met the cut-off score. Considering that there was no requirement to grant him a waiver as an exception to policy and that in doing so he was granted a benefit not normally granted, the Board finds that the effective date granted by the Department was appropriate and allowed sufficient time to re-schedule him for attendance at the BNCOC. Therefore, to grant the applicant’s request would afford him an even greater 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