IN THE CASE OF:	  

		BOARD DATE:	        23 December 2008

		DOCKET NUMBER:  AR20080016016 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his date of rank (DOR) to Sergeant First Class (SFC)/E-7 from 1 September 2003 to September 1995.  He further requests immediate promotion to the rank of Master Sergeant (MSG)/E-8.

2.  The applicant states, in effect, that when he was promoted to the rank of Staff Sergeant (SSG), he tried to put in for the basic noncommissioned officer course (BNCOC) and was told he would go in the spring of 1994.  Approximately one month later he was informed by his Personnel Management Officer (PMO) at Human Resources Command (HRC) that he would not be going to BNCOC because he was grandfathered and would not have to go to BNCOC to make 
E-7.  

3.  The applicant states for five years he personally went to HRC to do record audits and promotion packets.  During that period he was told that he did not have to attend BNCOC, until 2001, when he was told by a competent noncommissioned officer (NCO) that, in fact, he needed BNCOC according to regulation.  The applicant states that he was frustrated and upset so he tried talking to everyone in his chain of command and no one would help.  

4.  The applicant continues that he filed a congressional complaint and he was able to get a class date.  He states HRC also replied to the congressional inquiry stating he was never scheduled for BNCOC, which was not true.  In 1994, he was taken out because they told him that he did not need it.  The applicant states "If you look on my ERB (Enlisted Record Brief) you will see under education 'BNCOC 92Y Camp Ball W 1994'.  I did not even go in 1994 and they lied in
saying that I was never scheduled.  I then completed BNCOC in 2001 and still did not get promoted so I filled (sic) another congressional complaint to find out why am not getting promoted and HRC would give a reason.  I finally got promoted in Sept 2003 to E-7; I was an E-6 for 11 years of active duty."

5.  The applicant continues by stating that since then he has successfully completed the advanced noncommissioned officer course (ANCOC) and he has a 2-year civilian degree.  Due to the evidence HRC was wrong about BNCOC, he requests that his DOR to E-7 be backdated to September 1995 and that he be promoted to E-8 immediately.

6.  The applicant provides an Army Human Resources Command (AHRC) Form 4143 (Enlisted Record Brief (ERB) - AGR), prepared on 5 May 2008; a memorandum from the U.S. Army Reserve Personnel Command, dated 30 April 2001; and a letter from a United States Congressional Representative, dated 
8 May 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 3 December 1982.  He successfully completed basic combat and advanced individual training, and was awarded military occupational specialty 63J (Quartermaster Repair).  

2.  U.S. Total Army Personnel Command Orders 214-21 (now known as Human Resources Command or HRC), St. Louis, Missouri, dated 12 November 1992, show that the applicant was promoted to the rank and pay grade of SSG/E6 effective 1 December 1992.

3.  The applicant provided an ERB that shows, in the Education section, he completed "BNCOC 92Y" at Camp Ball, Wisconsin in 1994.  His military records do not contain a DA Form 1059 or course completion certificate that show he successfully completed BNCOC in 1994.

4.  The applicant provides a memorandum from the U.S. Army Reserve Personnel Command, dated 30 April 2001, that indicates the Director, Full Time Support responded to the applicant's Congressional Representative inquiry.  The director stated "Records at this Command do not reveal that [applicant] was ever scheduled for the Basic Noncommissioned Officer Course.  However, he is currently scheduled to attend that course from June 21, 2001 through August 30, 2001 at Fort Lee, Virginia.  Successful completion of the course will qualify him for promotion consideration."


5.  A DA Form 1059 (Service School Academic Evaluation Report), dated 
30 August 2001, shows that the applicant successfully completed Unit Supply Specialist BNCOC at Fort Lee, Virginia.

6.  HRC Orders, 224-025, dated 12 August 2003, show that the applicant was promoted to the rank and pay grade of SFC/E7 effective 1 September 2003.

7.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), in effect at the time, prescribed policy and procedures governing the classification, advancement, promotion, reduction, and grade restoration applicable to USAR Soldiers.  Chapter 8 of this regulation governed promotions and the Noncommissioned Officer Education System (NCOES).  It states, in pertinent part, that NCOES courses are progressive and parallel the Army NCO rank structure.  Therefore, an NCO must be a graduate of the educational course required by the NCOES for their current grade.  A Soldier with the rank of      SSG /E-6 must be a graduate of BNCOC and a Soldier with the rank of SFC/E-7 must be a graduate of ANCOC for promotion consideration to the next higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his promotion to SFC/E-7 should be changed from 1 September 2003 to September 1995 and further requests immediate promotion to the rank MSG/E-8. 

2.  Evidence of record shows that the applicant was promoted to SSG on 
1 December 1992.  He states in the spring of 1994 his PMO informed him that he would not have to go to BNCOC to make E-7.  However, in accordance with Army Regulation 140-158, the applicant would have had to successfully complete BNCOC prior to being eligible for promotion consideration to SFC.  

3.  A memorandum from the U.S. Army Reserve Personnel Command, dated    30 April 2001 to the applicant's congressional representative Indicates that the applicant was never scheduled for BNCOC and that he was scheduled to attend BNCOC in June 2001 through August 2001.  The applicant acknowledged he did not attend BNCOC even though his ERB shows he attended BNCOC 1994.  On 30 August 2001, the applicant successfully completed BNCOC, and he was promoted to SFC on 1 September 2003.

4.  The applicant provides no reasonable explanation of why he waited so long to research the failure of him to attend BNCOC or to raise the error on his ERB.  He has failed to show through the evidence submitted or the evidence of record that he was misinformed by HRC that he did not have to attend BNCOC to make 
E-7 or that HRC was unjust or in error.  Based on the evidence it appears the applicant was appropriately promoted to SFC with a DOR of 1 September 2003 after completing BNCOC.  There is no basis for backdating his DOR of SFC to September 1995 or for him to be considered for promotion to E-8.  

5.  It is noted the applicant's ERB still erroneously shows he completed BNCOC in 1994.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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.



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      _______ _   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080016016





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ABCMR Record of Proceedings (cont)                                         AR20080016016



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