RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 August 2005
      DOCKET NUMBER:  AR20040009448


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests promotion to the rank of Sergeant (SGT), E-5,
with an effective date of rank (DOR) of 1 January 2004.

2.  The applicant states that his name was erroneously removed from the
promotion selection by name list.

3.  The applicant provides in support of his request a:

      a.  Memorandum, United States Army Human Resource Command (HRC),
Alexandria, Virginia, dated 22 June 2004.

      b.  Orders Number 273-16, Headquarters , National Training Center
(NTC) Fort Irwin, California, dated 29 September 2004.

      c.  Letter, Headquarters, NTC, Fort Irwin, dated 13 October 2004.

CONSIDERATION OF EVIDENCE:

1.  On 4 June 2004, the applicant was honorably released from active duty
and transferred to the United States Army Reserve.  He had completed 4
years,
0 months and 0 days of active military service.  There is no evidence of
indiscipline or pending actions against him.  There also is no evidence the
applicant completed the Primary Leadership Development Course (PLDC).

2.  On 22 June 2004, the HRC approved a request for exception to policy to
reinstate the applicant's name to the promotion selection by-name-list and
to subsequently promote him to SGT, with a retroactive DOR and effective
date of
1 January 2004, granted he was otherwise eligible.  The authority cited for
promotion is:  Army Regulation 600-8-19, the appropriate Headquarters,
Department of the Army (HQDA) cutoff-scores memorandum and the 22 June 2004
memorandum shown in paragraph 3a above.

3.  Orders Number 273-16 shows the applicant's primary military
occupational specialty (MOS) 88N was withdrawn; he was awarded MOS 96B
(Intelligence Analyst); and promoted to SGT in MOS 96B with a DOR and
effective date of
1 January 2004.  The authority cited for the promotion is paragraph 3-34h,
Army Regulation 600-8-19 and Department of the Army Approval Memorandum,
22 June 2004, Subject: DA Promotion Point Cut-off Scores for 1 December
2003.
4.  On 13 October 2004, the Inspector General (IG) Office, Fort Irwin
advised the applicant that an investigation had determined he was
erroneously removed from a promotable status list.  Subsequently, an
exception to policy was submitted and approved for retroactive promotion to
SGT, effective 1 January 2004.  However, he had already been separated as a
result of expiration term of service (ETS); therefore, his only option was
to submit his request to this Board for retroactive promotion to SGT.

5.  Army Regulation 600-8-19 prescribes the enlisted promotions and
reductions function of the military personnel system.  Effective 1 October
1992, this regulation provided in pertinent part that Soldiers were
required to be graduates of PLDC prior to promotion to SGT.  Soldiers were
allowed to compete for promotion to SGT, but could not be promoted to SGT
until completion of PLDC.  Soldiers who met a cutoff score for SGT, but
were not PLDC graduates were promoted effective the date of graduation from
PLDC.

6.  Army Regulation 140-158 (Army Reserve, Enlisted Personnel
Classification, Promotion, and Reduction), effective 17 January 1998
provided for the conditional promotion of SGT through master sergeant
(MSG).  The promotion was awarded with the condition the Soldier was to
enroll in and successfully complete the Noncommissioned Officer Education
System (NCOES) Course required for the grade to which promoted.  The
Soldier agreed that if he or she failed to meet the following conditions:
Soldier was subsequently denied enrollment, or became an academic failure,
or did not meet graduation requirements, or was declared a "No-Show", the
Soldier was subject to reduction under AR 140-158, paragraph 7-12d, to the
grade and rank held prior to promotion. The Soldier further understood that
if reduced, service performed in the higher grade was not considered for
retirement, DOR, or any other determinations dependent on the higher
grade."

7.  According to the HRC website, effective 1 January 2004, in support of
on-going operations, NCOES requirements for promotion to SGT through
sergeant first class (SFC) were suspended until further notice.  Soldiers
that were currently promoted conditionally to SGT through SFC based on the
NCOES promotion requirements were considered promoted without further
condition and no promotion order or adjustments were required.  This change
applies to the Active Army, Army National Guard of the United States and
the United States Army Reserve.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was erroneously removed from the promotion selection by-
name-list.  Had he not been erroneously removed, he would have been
promoted to SGT in MOS 96B prior to being separated from active duty with a
DOR and effective date of 1 January 2004.

2.  Even though there is no evidence to support that he graduated from
PLDC, based on the fact that he was on the promotion list and met the
promotion cut-off scores he should have been promoted without further
condition.

3.  Therefore it would be appropriate to correct the applicant's record to
show he was promoted to SGT in MOS 96B with a DOR and effective date of 1
January 2004.  He should also be paid all back pay and allowances that he
was authorized had he been promoted on this date.

BOARD VOTE:

__mhm___  __jtm___  __jbg___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:
      a.  Restoring him to the promotion selection by-name-list as though he
had never been removed;
      b.  Promoting him to SGT in MOS 96B, with a DOR and effective date of
1 January 2004; and
c.  Providing him back pay and allowances in the rank of SGT, effective
1 January 2004.


                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009448                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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