| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: In effect, that he be allowed to retire in pay grade E-6, his highest grade held.
APPLICANT STATES: That he was informed that he had taken all the courses required for his military occupational specialty (MOS) and that there was no Phase II course for his MOS. In support of his application, he submits a copy of his course completion certificate for Basic Noncommisioned Officer Course (BNCOC) and his promotion and reduction orders.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 11 May 1976 and continued to serve until he was honorably separated on 28 January 1993. He was transferred to the US Army Reserve (USAR).
The applicant provided a copy of his course completion certificate which shows that he completed Reserve Component BNCOC Phase I on 9 January 1994.
The applicant's DA Form 1059, dated 9 January 1994, shows that he attended BNCOC, Phase I, in MOS 54B20, during the period of 13 November 1993 to 9 January 1994, and achieved course standards.
On 17 March 1998, the Army Reserve Personnel Command (AR-PERSCOM) notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant's age at 60 (20-Year Letter).
He was promoted to staff sergeant (SSG/E-6) on 30 July 1998.
The applicant was reduced to the pay grade of E-5/SGT effective 5 January 2000, for failure to complete BNCOC.
He was transferred to the Retired Reserve on 24 February 2000.
Information available on the official Maneuver Support Center NCO Academy
Internet site pertaining to the Chemical BNCOC for active duty and USAR soldiers clearly states that the MOS of 54B is conducted in two Phases. It also states that students must completed Phase I BNCOC before proceeding to Phase II BNCOC. Additionally, the effective date of the Program of Instruction for the two Phase Reserve Component 54B BNCOC was 1 October 1992.
Army Regulation 140-158 prescribes policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted soldiers
of the USAR. Chapter 7 governs grade reduction and restoration of USAR soldiers. Paragraph 7-12d pertains to failure to meet conditional promotion NCO Education System (NCOES) requirements. It states that a soldier who accepts
a promotion with the condition that he or she must enroll in, and successfully complete, a specified NCOES course, and fails to meet those conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a "No Show," will be reduced to the grade and rank held prior to the conditional promotion.
Paragraph 7-5 of the same regulation states that the date of rank (DOR) for restoration of USAR soldiers reduced in accordance with paragraph 7-12d will be the original DOR of the grade held before reduction.
Paragraph 8-19 of the same regulation pertains to conditional promotion to SGT through MSG. It states that under promotion procedures of this regulation, a soldier may be promoted on the condition that he or she enroll in and successfully complete the course required for that grade. If the grade requires the soldier to be a graduate of BNCOC, the soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of BNCOC within 24 months of the Phase I completion date. An extra 12 months will be allowed for completion of each phase of BNCOC for courses with more than
2 phases.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes that BNCOC for MOS of 54B was conducted in two Phases as early as 1 October 1992, and that students must complete Phase I before proceeding to Phase II. The regulation stated that if the grade requires the soldier to be a graduate of BNCOC, the soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of BNCOC within 24 months of the Phase I completion date. However, he completed BNCOC on 9 January 1994 and was promoted on 30 July 1998, without completing Phase II.
2. The applicant is not entitled to restoration of his pay grade E-6 based on the facts and circumstances provided. He was reduced for failure to complete BNCOC in accordance with Army Regulation 140-158, paragraph 7-12d.
3. 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.
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
__jp____ __ja___ __mm___ DENY APPLICATION
| CASE ID | AR2002071842 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021008 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 20000224 |
| DISCHARGE AUTHORITY | AR 140-10 |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 1023 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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