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ARMY | BCMR | CY2003 | 2003085442C070212
Original file (2003085442C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003085442


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley Powell Member
Mr. Robert Duecaster 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.


2. The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show her rank as Staff Sergeant.

3. The applicant makes no additional statement. She provides two DD Forms 214 (Certificates of Release or Discharge from Active Duty) and a promotion order as supporting evidence.

4. The applicant’s military records show that, after having had prior service in the Regular Army, she enlisted in the U. S. Army Reserve on an unknown date.

5. On 9 October 2001, the applicant was ordered to active duty. She was conditionally promoted to Staff Sergeant, E-6 on Headquarters, 327th Military Police Battalion Orders 066-11 dated 7 March 2002 with an effective date of 1 March 2002.

6. On 10 August 2002, the applicant was released from active duty. Her DD Form 214 for the period ending 10 August 2002 shows her rank and grade as Sergeant, E-5 (in items 4a and 4b) and her date of rank as 1 July 1999 (in item 12h).

7. Around February 2003, the applicant and her unit were ordered to active duty.

8. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), paragraph 8-2 states that a noncommissioned officer (NCO) must be a graduate of the educational course required by the NCO Educational System (NCOES) for his or her current grade. A soldier with the rank of Staff Sergeant must be a graduate of the Basic NCO Course (BNCOC).

9. Army Regulation 140-158, paragraph 8-19 states that a soldier may be promoted to Sergeant through Master Sergeant on the condition he or she enroll in and successfully complete the course required for that grade. If the grade requires the soldier 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.

10. Army Regulation 140-158, paragraph 8-21 states that a conditionally promoted soldier will be authorized a delay for enrollment in or completion of a required NCOES course for a number of reasons, including when called to active duty by the President under a Selected Reserve call up.

CONCLUSIONS:

1. The evidence of record shows the applicant was conditionally promoted to Staff Sergeant, E-6 effective 1 March 2002, while she was on active duty. Although she had not completed BNCOC by time she was released from active duty on 10 August 2002, she was a Staff Sergeant and she had 1 year from March 2002 in which to enroll in BNCOC.

2. The applicant's DD Form 214 for the period ending 10 August 2002 erroneously shows her rank and grade as Sergeant, E-5 and her date of rank as 1 July 1999. It should be amended to show her rank and grade as Staff Sergeant, E-6 and her date of rank as 1 March 2002.

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

RECOMMENDATION:

That the applicant's DD Form 214 for the period ending 10 August 2002 be amended to show her rank and grade as Staff Sergeant, E-6 and her date of rank as 1 March 2002.

BOARD VOTE:

__fne___ __sp____ __rd____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2003085442
SUFFIX
RECON
DATE BOARDED 20031007
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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