| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. Frank C. Jones II | Member |
2. The applicant requests that his conditional promotion to staff sergeant be reinstated.
3. The applicant states that his promotion to staff sergeant was revoked and he was erroneously reduced in grade when he was unable to attend the Basic Noncommissioned Officer Course (BNCOC). He states that his reduction was unjust because he submitted the necessary medical documentation twice, informing his superiors of his medical status, and his inability to attend BNCOC. He further states that he has nine dependents who count on him for their well being, and his reduction in grade is causing a financial hardship on his family.
4. The applicant’s military records show that he is enlisted the U.S. Army Reserve on 20 July 1979, for a period of 6 years. The applicant served on active duty from 16 October 1979 through 3 December 1983. He is currently on active duty in an Active Guard Reserve (AGR) status.
5. The applicant was selected and conditionally promoted to staff sergeant on
20 October 1999.
6. On 29 March 2000, the applicant was ordered to active duty in an Active Guard Reserve status. He was scheduled to attend BNCOC in July 2000, however, through no fault of the soldier, the class was cancelled. In February 2001, he was rescheduled for BNCOC, however, on 5 February 2001, he was given a temporary profile for carpal tunnel syndrome and was unable to attend. His profile was extended until 19 March 2001.
7. On 6 February 2001, the applicant submitted a DA From 4187 (Personnel Action) through his chain of command explaining that he was unable to attend the BNCOC class scheduled for 12 February 2001 because of a medical profile, and requested he be rescheduled for a later date.
8. In June 2001 the applicant was treated for a fractured knee and put in a long leg cast. On 27 August 2001 he was given a temporary profile for his fractured knee, this profile was extended until 1 December 2001. On 6 April 2002, he was given a permanent profile for his knee injury.
9. On 24 January 2002, the applicant was reduced to sergeant/pay grade E-5, as a result of his not attending BNCOC.
10. In the processing of this case, an Advisory Opinion was obtained from the U.S. Army Reserve Personnel Command, which recommends that the applicant’s request be approved. Their opinion states that even though the applicant’s promotion orders clearly state that he must complete a required Non-Commissioned Officer Education System (NCOES) course to retain his rank, the applicant had legitimate reasons for a delay in enrolling in BNCOC.
11. On 25 October 2002, the applicant was provided a copy of the advisory opinion, and concurred with the recommendation.
CONCLUSIONS:
1. The reasons for the applicant’s non-attendance at BNCOC has been through no fault of his own, and therefore he should not be penalized for non-attendance.
2. In the interest of justice the applicant’s reduction in grade should be voided, and his original promotion to pay grade E-6 should be reinstated.
3. 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 by voiding the applicant’s reduction to pay grade E-5, thereby reinstating his original promotion to staff sergeant/pay grade E-6, with his original date of rank and effective date of 20 October 1999.
BOARD VOTE:
__WTM__ __LDS__ __FCJ___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Walter T. Morrison_____
CHAIRPERSON
| CASE ID | AR2002075828 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030306 |
| 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. |
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ARMY | BCMR | CY2002 | 2002080229C070215
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ARMY | BCMR | CY2005 | 20050008000C070206
The applicant requests that his pay grade of E-6 be restored and that his records be corrected to reflect that he was discharged in the pay grade of E-6. The applicant states, in effect, that he was unjustly reduced to the pay grade of E-5 because he did not complete the conditional requirements of his promotion which required him to complete the Basic Noncommissioned Officer Course (BNCOC). The applicant provided copies of his physical profiles with his request.