IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100019355 


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 the effective date and date of rank (DOR) of his promotion to the rank/grade of sergeant first class (SFC)/E-7 from 3 May 2010 to 1 January 2010.

2.  The applicant states he contacted his branch manager to schedule his attendance at the Basic Noncommissioned Officer Course (BNCOC), Phase 1.  

   a.  He was told that BNCOC, Phase 1, no longer existed.  He was scheduled to attend the Senior Leader's Course (SLC).

   b.  He completed the course and graduated as the Distinguished Leadership Awardee on 24 November 2009.  He was confident that he had satisfied the requirements for promotion to SFC/E-7.

   c.  His sequence number (53) for promotion to SFC/E-7 was scheduled with an effective date and DOR of 1 January 2010; however, his name was not on the list for promotion.

   d.  He contacted the Enlisted Promotions Section, U.S. Army Human Resources Command (USA HRC), and was told that he could not be promoted because he did not complete BNCOC, Phase 1.


   e.  He was put in touch with the Army Training Requirements and Resources System (ATRRS) and learned that the Advanced Leader's Course (ALC) Common Core took the place of BNCOC, Phase 1.  He was scheduled for the next online ALC Common Core class, to begin on 28 April 2010.

   f.  He completed the course in 3 days (on 1 May 2010); however, since it was a Saturday, the date of his promotion was delayed until Monday, 3 May 2010.

   g.  He asserts the sole reason for him not completing BNCOC, Phase 1, or the ALC Common Core, prior to 1 January 2010, was not his fault.  Instead the issues consisted of deployments, injury, and confusion with the transformation of the course structure by officials charged with scheduling his military training.  He states that he:

* deployed in support of Operation Iraqi Freedom (OIF) III in 2005
* had reconstructive knee surgery in 2006
* deployed in support of OIF V for a period of 15 months in 2007
* was reassigned to Lisbon, Portugal in 2008
* requested BNCOC, Phase 1, upon arrival overseas
* completed BNCOC, Phase 2 in 2009

   h.  He notes that Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-27c, provides that "Active Army (AA), Army National Guard (ARNG), and U.S. Army Reserve (USAR) Active Guard Reserve (AGR) Soldiers otherwise eligible for consideration but lacking the prerequisite level of Noncommissioned Officers Education System (NCOES) as a direct result of operational deployment conflicts, or inability of the Army to schedule the course, will be granted a waiver of the NCOES requirement by the Deputy Chief of Staff, G-1 (DAPE-MPE-PD)."

   i.  His commander requested an exception to policy for the required NCOES through the promotion section, but it was denied.

3.  The applicant provides copies of:

* his request for exception to policy for promotion
* two DA Forms 1059 (Service School Academic Evaluation Reports [AER])
* a certificate of completion
* his Enlisted Record Brief (ERB)
* his promotion orders


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 January 1998.  Upon completion of training he was awarded military occupational specialist (MOS) 27D (Legal Specialist).  He was promoted to staff sergeant (SSG)/E-6 on
1 February 2006.

2.  Headquarters, USA HRC, Alexandria, VA, Order Number 133-2, dated
13 May 2010, promoted the applicant to SFC/E-7 effective and with a DOR of
3 May 2010.

3.  In support of his application, the applicant provides the following documents:

   a.  Headquarters, U.S. Army, Allied Forces South Battalion, memorandum, dated 18 January 2010, Subject:  Request for Exception to Policy, that shows the commander noted the applicant had been selected for promotion with sequence number 53 and he was scheduled for promotion on 1 January 2010.  He confirmed that the applicant completed SLC, Phase 2 and BNCOC, Phase 2, but not ALC Common Core (Phase 1) due to limited support from his overseas assignment in a remote area.

   b.  An AER that shows the applicant completed BNCOC, Phase 2,
Class 001-09, on 9 December 2008.

   c.  An AER that shows the applicant completed SLC, Phase 2, Class 001-10, on 24 November 2009.  It also shows he was selected as the Distinguished Leader Awardee.

   d.  DA Form 87 (Certificate of Training) that shows the applicant successfully completed ALC Common Core on 3 May 2010.

   e.  ERB, dated 31 May 2010, that shows in:

		(1)  section I (Assignment Information - Overseas/Deployment Combat Duty) his last tour of duty in Iraq was from 4 May 2007 to 4 May 2008;

		(2)  section III (Service Data) he was promoted to SFC on 3 May 2010;

		(3)  section VI (Military Education) does not show BNCOC, Phase 1; BNCOC, Phase 2; SLC, Phase 2; or ALC Common Core (Phase 1); and


		(4)  section IX (Assignment Information) that he was assigned to Joint Headquarters - Lisbon, Lisbon, Portugal, on 6 January 2009.

4.  In the processing of this case, on 14 February 2011, an advisory opinion was obtained from the Chief, Enlisted Promotions Branch, USA HRC, Fort Knox, KY.

   a.  The advisory official does not recommend administrative relief be granted.

   b.  The advisory official notes the applicant was not fully qualified for promotion to SFC due to noncompliance with Army Regulation 600-8-19, paragraph 1-27c, which the applicant correctly cites in his application.  However, the paragraph makes a direct reference to the selection process, not the promotion process.  The term "consideration" allowed the applicant to be selected for promotion to SFC, but his promotion would be held in abeyance because, "Soldiers selected for promotion to SFC whose eligibility resulted from a waiver of the requisite NCOES, will have their promotion held in abeyance until the requisite course is completed.

   c.  The applicant was not deployed in support of Operation Enduring Freedom (OEF) or OIF at the time his sequence number was reached.

   d.  He was not fully qualified for promotion on 1 January 2010 because he had not completed the requisite NCOES.

   e.  The applicant completed the online phase of ALC on 3 May 2010, he was then compliant with the regulatory requirements, and he was promoted on that date.

   f.  The advisory official notes that the applicant's completion of SLC, 
Phase 2, has no bearing on his eligibility for promotion to SFC.

5.  On 15 February 2011, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to respond to its contents.  However, the applicant did not respond.

6.  The Army Knowledge Online (AKO) website shows that on 15 September 2007, the Chief of Staff of the Army authorized the development of a Structured Self-Development Program for noncommissioned officers (NCOs), which requires Soldiers to complete up to 80 hours of distributed learning (DL) instruction.


	a.  The objective of DL instruction is to bring training to Soldiers anywhere at any time, including at home station or deployed locations.  About 900 courses have been converted to online DL courses.

	b.  On 1 October 2009, many NCOs expecting to attend the ALC Common Core, formerly called BNCOC, Phase 1, received notification that the course would be moved online.

7.  Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  It provides the objectives of the Army's Enlisted Promotions System, which include filling authorized enlisted spaces with the best qualified Soldiers.  This system provides for career progression and rank that are in line with potential and for recognition of the best qualified Soldier, which will attract and retain the highest caliber Soldier for a career in the Army.  The system precludes promoting the Soldier who is not productive or not the best qualified, thus providing an equitable system for all Soldiers.

	a.  Paragraph 1-27 provides the NCOES requirements for promotion.  A Soldier must be a BNCOC [ALC Common Core] graduate for consideration for eligibility to SFC.

	b.  Subparagraph 1-27c provides that AA Soldiers otherwise eligible for consideration but lacking the prerequisite level of NCOES as a direct result of operational deployment conflicts, or inability of the Army to schedule the course, will be granted a waiver of the NCOES requirement by the DCS, G-1
(DAPE-MPE-PD).

		(1)  Soldiers selected for promotion to SFC, whose eligibility resulted from a waiver of the requisite NCOES, will have their promotion held in abeyance until the requisite course is completed.

		(2)  Deployed Soldiers assigned or attached to a unit participating in OEF or OIF will be conditionally promoted, provided otherwise eligible when they have reached/attained their respective sequence number.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was promoted to SFC/E-7 effective and with a DOR of 1 January 2010 because his promotion should have occurred on that date; however, he had not completed the requisite NCOES course due to no fault of his own.


2.  Records show the applicant was promoted to SSG/E-6 on 1 February 2006. 

3.  The applicant completed his tour of duty in Iraq on 4 May 2008.  He was assigned to Portugal on 6 January 2009.

4.  On 1 October 2009, NCOs were notified that the resident ALC Common Core course (formerly called BNCOC, Phase 1) would be moved online.

5.  The applicant was appropriately considered for promotion without having completed the requisite NCOES.  He was selected for promotion and assigned a sequence number of 53 with a scheduled promotion date of 1 January 2010.

6.  There is no evidence that the applicant completed the requisite NCOES for promotion to SFC prior to 1 January 2010.  Thus, his promotion was properly held in abeyance.

7.  Records show the applicant completed the online ALC Common Core course on 3 May 2010.  He was promptly promoted to SFC/E-7 effective and with a DOR of 3 May 2010.

8.  The evidence of record shows the applicant's failure to timely complete the requisite NCOES prior to 1 January 2010 caused the delay in his promotion.

9.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records in this case.

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.



      ___________X___________
                 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)                                         AR20100019355



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ABCMR Record of Proceedings (cont)                                         AR20100019355



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