| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Walter T. Morrison | Member |
APPLICANT REQUESTS: That his date of rank to staff sergeant, pay grade E-6, be adjusted to the date that he made the promotion cut-off score for that rank.
APPLICANT STATES: With the exception of not having completed the Basic NCO course (BNCOC), he was fully eligible for promotion on 1 June 1998. He attended the next available BNCOC, but not until 10 months after he attained the cut-off score. He was selected for promotion in FY98 and only one BNCOC was held during that fiscal year. He attended the next class, the only one held in FY99.
The applicant submits with his application a copy of the BNCOC schedule for his specialty. That schedule shows that a BNCOC was conducted with course dates beginning on 18 May 1998 and ending on 26 June 1998. A second schedule shows course dates from 16 February 1999 to 26 March 1999, the course which the applicant attended.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army for four years on 18 May 1988 and has remained on continuous active duty.
The applicant’s NCO evaluation report for the period November 1997 through August 1998 contains the remark by his senior rater that the applicant was selected to attend BNCOC during the 2nd quarter, FY99.
The applicant successfully completed BNCOC, exceeding course standards, on 26 March 1999. He was promoted to Staff Sergeant on that date.
Army Regulation 600-8-19 prescribes the policy for promotion of enlisted personnel. Paragraph 3-34k(3), then in effect, 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.
Subsequent to the applicant’s promotion on 26 May 1999, a new promotion policy was announced, which authorized conditional promotion to soldiers who are selected for promotion to Staff Sergeant, Sergeant First Class, and Sergeant Major. Those promotions were conditional upon successful completion of the appropriate course in the NCO Education System (NCOES), e.g., BNCOC. Soldiers who failed to successfully complete or to attend their scheduled NCOES would have their promotions revoked.
In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command. That command indicated that the conditional promotion policy was not effective until 1 June 1999, and under that policy the applicant could not have been promoted to Staff Sergeant prior to that date. However, he was promoted on 26 May 1999, prior to the effective date of the conditional promotion policy. That command made no recommendation regarding the applicant’s request.
A copy of the advisory opinion was forwarded to the applicant on 4 December 2001 for his information and possible rebuttal. He failed to respond.
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’s promotion to Staff Sergeant on 26 May 1999, effective the date that he graduated from BNCOC, was proper and in accordance with the provisions of the regulation in effect at that time. The Board notes that the applicant was not scheduled to attend BNCOC until the 2nd quarter, FY99. The Board also notes that while he states that he met the cut-off score for promotion to Staff Sergeant on 1 June 1998, the BNCOC for that fiscal year had began prior to that date.
2. Although the present policy regarding conditional promotions apparently was put into practice to correct the problems with soldiers who could not be promoted when eligible because they had not attended, and then completed BNCOC, ANCOC (Advanced NCO course), etc., because of insufficient class space; to go back and correct the applicant’s records by granting an exception to policy would give the applicant an unfair advantage not available to other soldiers who may well have been in a like situation as the applicant. There is no error in the applicant’s records and no injustice done him.
3. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
5. 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_ __WTM _ __RWA__ DENY APPLICATION
| CASE ID | AR2001063427 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020314 |
| 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. | 131.05 |
| 2. | 21 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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