MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001057517

         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.

Mr. Carl W. S. Chun		Director
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Curtis L. Greenway		Member

         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)

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APPLICANT REQUESTS: In effect, reconsideration of his application to show he was awarded 10 points for education improvement and promotion to the rank of staff sergeant/E-6 (SSG/E-6), effective 1 July 2000.

APPLICANT STATES: In effect, the US Federal Emergency Management Agency (FEMA) course annotated on his Lewis & Clarke Community College transcript was erroneously considered part of military experience evaluation credit granted by that institution and as a result he did not receive education improvement points, which would have changed his promotion point total from 741 to 751 points. He states that the governing Army Regulation does not prohibit a soldier from being awarded 10 points for education improvement for a transcript from an accredited post-secondary institution that evaluated and accepted a course from another institution. In support of his application, he submits a transcript and enrollment letter from Lewis & Clarke Community College that contain a course listing for a degree in Fire Science; Department of the Army (DA) promotion point cut-off scores memoranda, dated 10 November 1998 and 15 September 1999 respectively, which contain promotion point cut-off scores for 1 December 1998 and 1 October 1999 and a transcript from North Central Institute.

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

The applicant’s military records show that he has continuously served on active duty since he entered the Regular Army on 17 October 1991. He currently holds the rank of staff sergeant/E-6 (SSG/E-6) and is serving with the 1^st Personnel Command in Germany.

The Memorandum of Consideration, dated 22 March 2001, reflecting the Board’s review of the case (AR2000049154) is incorporated herein by reference as if wholly set forth.

On 7July 1999, the applicant went before a promotion board and was awarded 751 promotion points. In October 1999, a recomputation of his promotion points conducted by the applicant’s servicing promotion branch resulted in an adjustment to his promotion point total to 741 points.

On 29 October 1999, the servicing promotion branch formalized the promotion reevaluation and advised the applicant’s unit commander that the applicant’s reevaluation had been approved and that effective immediately his new promotion point total would be 741 points. The 10 point difference between the original promotion point total and the recomputation total was the result of a reduction of 10 points from the education improvement area.

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The promotion cut off score announced by DA for promotion to SSG/E-6, in the applicant’s military occupational specialty (MOS), was established at 747 points for promotions to be effective on 1 July 2000. Had the original evaluation score of 751 granted to the applicant not been changed during the October 1999 recomputation he would have qualified to be promoted to SSG at that time.

During the processing of the original application, the Board obtained an advisory opinion from the Chief of the Promotions Branch, U.S. Total Army Personnel Command (PERSCOM). This opinion indicated that PERSCOM officials reviewed the applicant’s promotion packet and determined that his adjusted promotion point total of 741 points did not meet or exceed the DA cutoff score. It indicated that the applicant was not entitled to education improvement points because the FEMA course he completed was not conducted at an accredited institution and therefore, did not meet the criteria necessary to be granted 10 points for education improvement. PERSCOM also confirmed the one semester hour reflected on the applicant’s Lewis and Clark Community College transcript was valid for one promotion point under civilian education and recommended that the applicant’s request be denied.

The applicant was provided a copy of this advisory opinion and was given an opportunity to respond to its contents, which he did on 1 February 2001. He did not concur with the PERSCOM advisory opinion and reiterated that he was eligible to receive 10 points for educational improvement. He commented that there was no regulatory guidance prohibiting the award of education improvement points for a course taken at a institution that is not accredited if that course had been accepted and semester hours granted by an accredited institution in an official transcript.

Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. It is linked to AR 600-8 and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support promotions and reductions. Figure 3-1, in effect at the time, contained instructions for completing the DA Form 3355 (Promotion Point Worksheet).

The specific instructions for awarding education improvement points stated, in pertinent part, that 10 additional points may be awarded to any soldier who completes one of the following actions while on active duty: obtained a high school diploma/GED or completed any accredited post-secondary course or test. It also stipulated that If recommended for SSG a soldier must have completed one of the actions while serving in the rank of sergeant/E-5. It further states that 1 promotion point will be awarded for each semester hour successfully earned through attendance at or recognized by regionally accredited college or university regardless of the basis and transcripts will be used to determine the number of semester hours earned.
Chapter 3, section IX, paragraph 3-24(a) and (e) of the same regulation provided, in pertinent part, that soldiers will be notified of any adjustment in their promotion points by the servicing personnel unit through the chain of command. As a minimum, this notification will include the reason for the change, the new promotion point total, and the effective date of the new points.

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 Board notes the applicant’s contention that he should have been awarded 10 promotion points for educational improvement based on his completion of the Emergency Program Manager’s Course at the FEMA Institute based on it being accepted and added to an official transcript issued by Lewis & Clarke Community College, which is an accredited institution. However, it finds this claim lacks merit.

2. In accordance with the regulation in effect at the time, education improvement points were granted to a member who had completed a course at an accredited post-secondary institution while on active duty.

3. The evidence of record clearly establishes that the applicant completed the course in question at an institution that was not an accredited post-secondary institution. The subsequent acceptance of this course by Lewis & Clarke Community College, an accredited post-secondary institution, does not alter the fact that it was not actually completed at an accredited institution. Therefore, the Board finds that the completion of this course by the applicant did not satisfy the regulatory criteria necessary to be awarded the 10 education improvement points in question.

4. The Board concurs with the PERSCOM advisory opinion that the adjustment of the applicant’s promotion points from 751 to 741 and his being awarded
1 point for civilian education was accomplished in compliance with the applicable regulation in effect at the time. Further, the Board notes that the applicant was properly notified of the change in his promotion point total through his chain of command as is required by regulation. Therefore, it finds that the requested relief is not warranted in this case.

5. In view of the foregoing, there is no basis for granting the applicant’s request.

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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

__WTM__ __AAO__ ___CLG_ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001057517
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/11/01
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	131.04
2.
3.
4.
5.
6.