PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 10 DECEMBER 2002
         DOCKET NUMBER: AR2002069531


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Gale J. Thomas		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Conrad V. Meyer		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that his records be corrected to show he was promoted to Staff Sergeant E-6 on 1 June 1999.

3. The applicant states that the monthly promotion standing list (C-10) listed his promotion board date as September 1998 instead of May 1998. This error resulted in his name not being placed on the list of those eligible for promotion when he exceeded the promotion point cut-off score for 1 October 1998, for Military Occupational Specialty (MOS) 46R.

4. The applicant’s military records show that while stationed in Bosnia he was considered and recommended for promotion to the pay grade of E-6 by a promotion board that was held on 29 May 1998, and attained a total of 668 promotion points.

5. The C-10 roster, which lists those soldiers recommended for promotion incorrectly list the applicant’s board date as September 1998, when in fact his board was held on 29 May 1998.

6. Board appearance, promotion point calculation, promotion list maintenance, and the final execution of promotions for pay grade E-6, occur in the field in a decentralized manner. A soldier’s total points are forwarded through SIDPERS (an automated personnel database) to the U.S. Total Army Personnel Command (PERSCOM) for consolidation into an Army-wide listing of eligible soldiers by MOS, maintained in the EMF (Enlisted Master File). A determination is then made for each MOS as to what promotion point cut-off score would promote the desired number of soldiers to meet the needs of the Army in a specific month. These decisions are based primarily upon budget constraints and individual MOS requirements. During the time in question, soldiers were eligible for promotion on the first day of third month following the month in which they gained promotion list status. In the applicant's case, the C-10 roster indicated the applicant attained promotion list status in September 1998, when in actuality he attained list status in May 1998.

7. Additionally, in 1998, when the applicant was competing for promotion, Army Regulation 600-8-19 stated that soldiers were required to be graduates of the Basic Noncommissioned Officer Course (BNCOC) prior to being promoted to pay grade E-6. Requests for waivers of the BNCOC requirement were permitted but were limited to soldiers who were unable to attend BNCOC due to deployment or other unit specific commitments. At the time the applicant appeared before the promotion board he was not a graduate of BNCOC.

8. The applicant's unit returned from deployment in September 1998.

9. In October 1998 the promotion point cut-off score for individuals in MOS 46R dropped below 600. Had the applicant's name been correctly placed on the C-10 roster in May 1998 he would have been promoted, if he were a graduate of BNCOC, or if he was able to secure a BNCOC waiver. However, because the
C-10 roster indicated the applicant attained list status in September 1998 he would not have been eligible for promotion, not only because he had not completed BNCOC, but because his name had not been on the promotion list for the required three months.

10. According to information provided by the applicant, he was placed in another temporary duty status between October 1998 and January 1999. He was scheduled to attend BNCOC in April 1999. Three weeks prior to his scheduled attendance, however, the applicant indicated that he tore a knee ligament and underwent surgery.

11. Effective 1 June 1999, Military Personnel (MILPER) Message Number 99-164, announced a new promotion policy which stated that soldiers in the rank of sergeant who were on a staff sergeant promotion selection list, but who had not been promoted by 1 June 1999 and had not attended BNCOC could be promoted effective 1 June 1999. Such promotions were considered conditional until the applicant completed BNCOC. Soldiers who failed to attend or failed to graduate would be administratively reduced. An exception was provided for soldiers that were precluded from attending a scheduled BNCOC because of medical or compassionate reason. In that instance the promotion would remain conditional until they completed BNCOC.

12. On 14 June 1999 the applicant initiated a request to have his name placed on the promotion list effective in May 1998 vice September 1998. The applicant was supported in his request by his unit commander and included a copy of the May 1998 promotion board selection results. His request was denied by PERSCOM in October 1999. The denial cited the applicant's and his chain of command as being responsible for the "accuracy and timely processing of" promotion paperwork and that "discrepancies must be brought to the attention of the promotion chain of command immediately." The response stated that the applicant's "actions indicate he was only observing HQDA monthly promotion cutoff scores and did not verify his administrative or promotion point data on the C10 in a timely manner."

13. The applicant was conditionally promoted to pay grade E-6 in May 2000 when he once again met the promotion point cut-off score for his MOS. He ultimately completed BNCOC in the winter of 2000 and his promotion became permanent.

CONCLUSIONS:

1. The evidence clearly shows that the applicant appeared before a promotion selection board in May 1998 while deployed overseas. He returned to the United States in September 1998. The Board contends that under the circumstances the applicant should not be held responsible for the inaccuracies in the C-10 roster, which incorrectly indicated that he attained list status in September 1998.

2. Had the applicant's name been on the list in May 1998, as it should have been, he would have met the promotion cut-off score for October 1998 and been entitled to a conditional promotion effective 1 June 1999, pending completion of BNCOC, based on MILPER Message 99-164. The Board notes that the applicant was medically precluded from attending BNCOC as scheduled in April 1999 and ultimately completed the course in the winter of 2000 after being conditionally promoted in May 2000 when he met the promotion point cut-off score based on his September 1998 list status.

3. The Board contends that in the interest of justice, and as a matter of equity, that because of world situations and the rotational deployment of troops overseas, a wide degree of latitude should be afforded soldiers in requiring them to be constantly vigilant regarding personnel issues which they trust are being managed by individual's assigned to accomplish personnel related issues. As such the Board concludes that it would be appropriate and in the interest of justice to correct the applicant's records to show that his name was placed on the promotion list in May 1998, that he then met the promotion point cut-off score in October 1998, and was conditionally promoted to pay grade E-6 on 1 June 1999 in accordance with MILPER Message 99-164. Upon completion of BNCOC in the winter of 2000 his June 1999 promotion would then become permanent.

4. The Board also notes that as a result of this action the applicant is entitled to any pay and allowances associated with his retroactive promotion.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by showing that the individual concerned attained promotion list status in May 1998;

b. by showing that he met the promotion point cut-off score in October 1998;

c. by showing that he was conditionally promoted to pay grade E-6 effective 1 June 1999;

d. by showing that the promotion became permanent upon completion of BNCOC; and

e. by payment of any due pay and allowances resulting from his retroactive promotion.

BOARD VOTE:

__CLA __ __TSK __ __CVM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  ____Celia L. Adolphi______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069531
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021210
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	131.00
2.
3.
4.
5.
6.