MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 April 2002
         DOCKET NUMBER: AR2002066582

         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Ms. Melinda M. Darby		Member
Mr. John T. Meixell		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: That the effective date and date of rank (DOR) of his promotion to the pay grade of E-6 be adjusted from 7 September 2000 to 1 June 1999.

APPLICANT STATES: In effect, that the Promotions Section of the 15th Personnel Services Battalion (PSB) determined that he had exceeded the minimum cut-off score for promotion to the rank of staff sergeant (SSG)/pay grade E-6 on 1 February 1999 and he was notified in writing that he was not eligible at that time because he had not completed the Basic Noncommissioned Officer Course (BNCOC). He further states that he was placed on the Department of the Army by-name list for a conditional promotion with an effective date of 1 June 1999. He continues by stating that he was conditionally promoted to the rank of SSG and the rank was pinned on during a battalion formation on 1 July 1999. He states that his promotion orders were revoked by the request of his Company First Sergeant (1SG). He was informed by his 1SG that he had been erroneously promoted and was reduced because he had a temporary profile and could not attend BNCOC with a temporary profile. He contends that he did not attend BNCOC because he did not have a class date and the next class start date was six months away. He states that he underwent knee surgery, recovery, physical therapy, and received a permanent profile prior to the beginning of the next BNCOC class start date.

He further states that, as of September 1999, the finance office had not changed his pay status from SSG to sergeant (SGT). The finance clerk informed him that it would take one to two months before corrective action would be taken. In October 1999, he discussed the situation with the Noncommissioned Officer in Charge (NCOIC) of the Promotions Section of the 15th PSB. He was informed by the NCOIC that the revocation of the conditional promotion could not be reinstated and his date of rank and effective date for promotion to SSG would be the day of graduation from BNCOC.

He continues to state that he was scheduled for BNCOC for March 2000 but was rescheduled for the beginning of July 2000 due to the training and operational needs of his gaining unit. He received a second set of promotion orders, dated 7 September 2000, which is the date he graduated from BNCOC. Additionally, he states that his promotion packet was sent to the E-7 Selection Board, but it was pulled during the early days of the selection process because his records reflected two dates of rank for SSG. In conclusion, he contends that his date of rank for SSG of 7 September 2000 will cause him to be ineligible for the 2002 SFC Selection Board because the date of rank cut-off will be 1 June 2000 and this hinders his career progression and places him further behind his peers.

In support of his application, he submits a copy of his Enlisted Record Brief; a memorandum, dated 25 January 1999, notifying him of cut-off scores and NCOES requirements for promotion to SSG; an excerpt of by-name promotion list, dated July 1999; two promotion orders; revocation orders; an excerpt from EDAS record; his Leave and Earnings Statement for January 2000; a DA Form 2142 (Pay Inquiry); and his DA Form 1059 (Service School Evaluation Report), dated 7 September 2000.

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

The applicant served in the Army National Guard from 18 March 1989 to 7 June 1993. He enlisted in the Regular Army on 8 June 1993 in the pay grade of E-4 and has remained on active duty through continuous reenlistments. The applicant is currently assigned to the Wheeler Army Airfield in Hawaii in the rank of SSG.

The applicant was promoted to the rank of SGT/pay grade E-5 on 1 July 1995 by Department of the Army, Alpha Detachment, 15th PSB Orders Number 178-113, dated 27 June 1995.

By a memorandum, dated 25 January 1999, the applicant was notified that he had met the promotion point cut-off score for promotion to the pay grade of E-6 for 1 February 1999. However, because the applicant was not a BNCOC graduate the servicing personnel office informed him that he could not be promoted until he graduated from the BNCOC.

The applicant was conditionally promoted to the rank of SSG/pay grade E-6 with a date of rank and effective date of 1 June 1999 by Department of the Army, Alpha Detachment, 15th PSB Orders Number 174-101, dated 23 June 1999.

On 21 July 1999, orders were published by the 15th PSB to revoke the applicant’s promotion to SSG/pay grade E-6.

The applicant successfully completed BNCOC on 7 September 2000 and was promoted to the pay grade of E-6 on that date.

Orders were published by the 15th PSB on 25 September 2000 which promoted the applicant to the rank of SSG/pay grade E-6 with a date of rank and effective date of 7 September 2000.

In the processing of this case, an advisory opinion was obtained from the Chief of Promotions Branch, Total Army Personnel Command (PERSCOM). This office opined that the applicant’s name appeared on the 1 February 1999 HQDA promotion selection by-name list for promotion to SSG. However, a check of the Army’s training system (ATRRS) revealed that the applicant failed BNCOC in March 1997 due to Army physical fitness test (APFT) failure. The opinion points out that, in accordance with the conditional promotion policy to SSG, soldiers who are prior BNCOC failures are not eligible for conditional promotion to SSG and those soldiers’ dates of rank and effective date will be date they successfully complete BNCOC. Further, the opinion states that, based on the applicant’s successful completion of BNCOC on 7 September 2000, his date of rank and effective date is 7 September 2000. This office recommended that the applicant’s request to adjust his date of rank and effective date for promotion to SSG from 7 September 2000 to 1 June 1999, be denied.

On 5 February 2002, the applicant was provided 30 days to submit matters in rebuttal to this opinion; however, the applicant did not respond within the time allotted.

Army Regulation 600-8-19 governs the enlisted promotions and reductions function of the military personnel system. It states, in pertinent part, that soldiers are required to be graduates of BNCOC prior to promotion to SSG. Soldiers are allowed to compete for promotion to SSG but cannot be promoted to SSG until completion of BNCOC. Soldiers who met a cutoff score for SSG, but were not BNCOC graduates, would be promoted effective the date of graduation from BNCOC. Approval of this exception gave them the effective date and date of rank of the graduation date of the first available class after they met the cutoff score, even if they did not attend that course, as long as attendance was precluded through no fault of their own and they eventually graduated from the next available class they were able to attend.

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 conditionally promoted to the rank of SSG/pay grade E-6 with a date of rank and effective date of 1 June 1999.

2. Records show that the applicant’s promotion to SSG/pay grade E-6 was revoked on 21 July 1999 because he had not completed BNCOC.

3. Based on the information provided in the advisory opinion from the PERSCOM, the applicant's promotion to pay grade E-6 was erroneous in the first place since he had previously failed BNCOC in March 1997 due to APFT failure. The revocation of his promotion would have been correct for this reason alone.

4. The applicant successfully completed BNCOC on 7 September 2000 and was promoted to the rank of SSG/pay grade E-6 with a date of rank and effective date of 7 September 2000.

5. 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 his promotion. Therefore, there is no basis for changing his DOR of his promotion to SSG/pay grade E-6 from 7 September 2000 to 1 June 1999.

6. 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 this requirement.

7. 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

INW____ MMD____ JTM____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002066582
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
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.	131.0500
2.
3.
4.
5.
6.