RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            4 NOVEMBER 2004
      DOCKET NUMBER:   AR2004100780


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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, in effect, that his date of rank to sergeant/E-
5
(SGT/E-5) be changed from 1 September 2003 to 1 April 2003.

2.  The applicant states, in effect, that he accumulated the required
amount of promotion points in military occupational specialty (MOS) 37F
(Psychological Operations Specialist) to qualify for conditional promotion
to SGT/E-5 on 1 April 2003.  He states that it was his commander's policy
at that time not to conditionally promote soldiers.  However, his new unit
commander was able to conditionally promote him to SGT/E-5, effective 1
September 2003.

3.  In support of his application, the applicant provides a copy of a
promotion selection list, dated 18 March 2003, and Headquarters 18th
Airborne Corps and Fort Bragg, North Carolina Orders Number 239-81, dated
27 August 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the Army
and entered active duty on 14 September 1999.

2.  The applicant provides a monthly sergeant/staff sergeant promotion
list, which shows he met the promotion point cut-off score for military
occupational specialty (MOS) 37F on 1 April 2003.

3.  Orders 239-31, dated 27 August 2003, conditionally promoted the
applicant to SGT/E-5 on 1 September 2003.  These orders indicated the
applicant had not yet completed the Noncommissioned Officer Education
System (NCOES) requirement of completing the Primary Leadership Development
Course (PLDC) to qualify for permanent promotion.  However, he was
conditionally promoted to SGT and required to complete the PLDC within 12
months from the effective date of the promotion order.  His failure to
complete the course within the stipulated timeframe would result in his
being administratively reduced to the grade he previously held.

4.  The applicant's military records contain a copy of a Service School
Academic Evaluation Report (DA Form 1059), dated 19 December 2003.  This
document shows he achieved course standards and completed the PLDC on
19 December 2003.

5.  During the processing of this case and advisory opinion was obtained
from the Deputy Chief, Human Resources Command (HRC), Promotions Branch
Office.  This HRC promotion official states the applicant had not completed
the PLDC requirement for promotion to SGT on 1 April 2003 and the promotion
authority did not authorize his conditional promotion at that time.
Therefore, there is no basis to support a change in his date of rank at
this time.

6.  On 24 February 2004, the applicant was forwarded a copy of the advisory
opinion for his information and possible rebuttal.  To date the applicant
has not provided a response.

7.  Army Regulation 600-8-19 governs the enlisted promotions and reductions
function of the military personnel system.  Paragraph 1-27 states, in
pertinent part, that soldiers are required to be graduates of the PLDC
prior to promotion to SGT.  It further states that soldiers who have met a
cut-off score and are otherwise qualified, but have not completed PLDC may
be conditionally promoted upon the approval of the proper promotion
authority.  The regulation stipulates that field grade commanders in units
authorized a commander in the grade of LTC or higher have promotion
authority to the grades of SGT and
SSG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been conditionally
promoted to SGT/E-5, effective 1 April 2003, based on his having met the
promotion point
cut-off score has been carefully considered.  However, there is
insufficient to support this claim.

2.  The record confirms the applicant met the promotion point cut-off score
on
1 April 2003; however, he had not yet completed the PLDC NCOES requirement
necessary for promotion at that time.

3.  The promotion authority, empowered to grant the applicant a conditional
promotion effective 1 April 2003, the date he met the promotion point cut-
off score, elected not to grant the conditional promotion until 1 September
2003.  The record is void of any facts and circumstances related to this
decision. Therefore, absent evidence to the contrary, administrative
regularity in the applicant’s promotion processing must be presumed.
4.  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 the above requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MHM _  __JEA___  __JKR_ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            ____Melvin H. Meyer___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100780                            |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2004/11/04                              |
|TYPE OF DISCHARGE       |NA                                      |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |NA                                      |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]