RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080002192 


	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.  




Director



Analyst


      The following members, a quorum, were present:




Chairperson



Member



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 records be corrected to reflect that he was promoted to the rank of sergeant, effective 1 May 2003. 

2.  The applicant states, in effect, that he made the promotion point cut-off score for May 2003 but was not promoted because he had not completed the Primary Leadership Development Course (PLDC).  He goes on to state that he tried to attend PLDC when he returned from deployment; however, he was told by the school when he reported in to attend that he could not attend because of his physical profile.  He goes on to state that he should be promoted because he was promotable in 2004 when the regulation changed to reflect that completion was no longer needed in order to be promoted. 

3.  The applicant provides a copy of his DD Form 214, a copy of his physical profile, a copy of an incomplete promotion list standing that does not contain his name, a copy of his promotion points worksheet (DA Form 3355), a printout of his promotion point data showing he had 433 promotion points, a copy of the promotion board proceedings, and an excerpt of promotion point cut-off scores for his military occupational specialty (MOS) of 93P for the month of May 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records, though somewhat incomplete, show that he enlisted in the United States Army Reserve (USAR) in Raleigh, North Carolina on 26 June 1997 for a period of 8 years under the delayed entry program (DEP).  He enlisted in the Regular Army on 29 May 1998 for a period of 4 years, training as an aviation operations specialist and enrollment in the Army College Fund. 

2.  He completed his training and was transferred to Korea.  He completed his tour in Korea and was transferred to Fort Campbell, Kentucky, where he was assigned to the 160th Aviation Battalion (Night Stalkers).  He was advanced to the pay grade of E-4 on 1 February 2002. 

3.  On 12 February 2002, he reenlisted for a period of 2 years and his records indicate that he was issued a permanent physical profile on 23 April 2002 for chronic knee pain with no running.  He deployed to Afghanistan on 8 June 2002. He appeared before a promotion board for promotion to the rank of sergeant (SGT) on 13 July 2002 and was recommended for promotion list standing with a score of 433 points.  He completed that deployment on 10 September 2002 and again deployed back to Afghanistan from 21 January to 16 April 2003, when he was again returned to Fort Campbell.

4.  On 1 May 2003, the promotion cutoff score for his MOS (93P) was announced as 412 points for personnel in the primary zone of consideration and 414 points for personnel in the secondary zone of consideration.    

5.  A review of his records failed to reveal any information to show that the applicant was on the Order of Merit List (OML) to attend the PLDC or if he attended and was denied attendance as he claims.  

6.  On 12 February 2004, the applicant was honorably released from active duty in the pay grade of E-4 due to his completion of required service.  He had served 5 years, 8 months and 14 days of total active service.

7.  Army Regulation 600-8-19 prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel.  The regulation in effect on May 2003 provided, in pertinent part, conditional promotions for Soldiers who have met a cutoff score and are otherwise qualified, but have not completed PLDC, are authorized to be promoted (when approved by the promotion authority) when they are reflected on the OML for PLDC attendance, when they are operationally deployed (less training centers), or when a temporary profile prohibits PLDC attendance.  When the promotion authority approves a conditional promotion, he must state that the Soldier is otherwise fully eligible and will attend PLDC within 12 months of promotion or prior to the individual’s expiration of term of service (ETS), whichever occurs first.  Promotion to the rank of SGT incurred a 6-month service remaining obligation at that time.  Promotions are only authorized during the month for which the cutoff score is met.  However, when Soldiers have not met the Noncommissioned Officer Education System (NCOES) requirement, exceptions are allowed.

8.  MILPER Message Number 04-037, Promotion Procedural Guidance for Suspension of Conditional Enlisted Promotions – Sergeant through Sergeant First Class was dispatched from the Department of the Army on 21 November 2003.  It provided, in pertinent part, that effective 1 January 2004, the requirement to complete PLDC for promotion to SGT was suspended until further notice.  The message specified that the current policy would remain in effect until 1 January 2004.

9.  Army Regulation 600-8-19 dated 25 January 2005 deleted the 6-month service remaining requirement for promotion to the rank of SGT.     




DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was still promotable when the regulation was changed to rescind the requirement to attend PLDC in order to accept promotion to the rank of SGT has been noted and found to lack merit.  While the applicant may have still been in a promotable status on 1 January 2004, when the requirement to complete PLDC was suspended, he had to meet the cutoff score for January 2004 in order to be promoted.  He has provided no evidence to show that such was the case.    

2.  The fact that he met the cut-off in May 2003 was not applicable to the subsequent suspension of the PLDC requirement and could not be applied retroactively in his case.  

3.  While the facts and circumstances surrounding his promotion are not present in the available records, the regulation in effect at the time allowed his promotion authority to approve a conditional promotion to the rank of SGT provided the promotion authority essentially guaranteed that the applicant would complete PLDC within 12 months or his ETS, whichever came earlier. 

4.  Inasmuch as the commander had the means to effect a conditional promotion at the time, it must be presumed that the commander/promotion authority elected not to do so. 

5.  Therefore, in the absence of evidence to show that he met the cutoff score for promotion after the policy change on 1 January 2004, or that his commander submitted a request for a conditional promotion that was not acted upon, there appears to be no basis to grant his request.    

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.






      ___        XXX                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002192



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508