IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110017482
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 that his date of rank (DOR) for promotion to pay grade E-7 be changed from 1 November 2008 to 1 January 2008.
2. The applicant states he made the selection list for promotion to E-7 on the Fiscal Year (FY) 2007 Selection List and his sequence number came up on
1 January 2008; however, he was not promoted because he had not completed the Basic Noncommissioned Officer Course (BNCOC) - Phase II. He goes on to state he was informed at the time that his DOR would be backdated. Military Personnel (MILPER) Message 08-095 came out on 1 April 2008 that allowed individuals to have BNCOC waived and to be promoted conditionally. He continues by stating he completed BNCOC on 6 October 2008 and he was promoted to E-7 effective 1 November 2008. As a result, he lost 10 months time in grade and has missed the first zone of selection for promotion to E-8 by
5 days.
3. The applicant provides:
* his Enlisted Record Brief (ERB)
* a copy of MILPER Message 08-098
* a copy of his promotion orders to E-7
* a copy of his DA Form 1059 (Service School Academic Evaluation Report) for completion of BNCOC Phase II
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 26 September 1997 for a period of 4 years, training as an infantryman, a $12,000.00 cash enlistment bonus, and assignment to Fort Stewart, GA.
2. He completed his one-station unit training at Fort Benning, GA and he was transferred to Fort Stewart. He continued to serve until he was honorably released from active duty (REFRAD) in pay grade E-5 on 25 September 2001 by reason of completion of required service.
3. On 8 July 2002, he again enlisted in the Regular Army for a period of 3 years in pay grade E-5 and assignment to Fort Stewart. He was promoted to E-6 on
1 October 2004.
4. The applicant deployed to Iraq from 16 January 2007 to 30 March 2008 and he was reassigned to Fort Benning.
5. On 1 April 2008, the day after the applicant departed Iraq for the United States, MILPER Message Number 08-095 was issued which provided, in effect, for the conditional promotion of Soldiers who were deployed and had been selected for promotion to E-7 and E-8. The message specified that the provisions were not retroactive.
6. He completed BNCOC Phase II at Fort Benning on 6 October 2008 and he was promoted to E-7 on 1 November 2008. His promotion orders specified he had to be in a promotable status in order to accept the promotion.
7. In the processing of this case, on 19 September 2011, a staff advisory opinion was obtained from the Human Resources Command (HRC) Enlisted Promotion Branch at Fort Knox, KY. The advisory official opines that because the applicant deployed back to the United States the day before the new policy went into effect, the policy did not apply to him and that his 1 November 2008 DOR was correct.
8. On 28 September 2011, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
9. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) serves as the authority for enlisted promotions. Chapter 4 of that regulation prescribes the prerequisites for the Centralized Promotion to E-7, E-8, and E-9. It provides that
individuals must complete the required Noncommissioned Officer Education System (NCOES) courses for the prescribed grades before they can be promoted. Promotion to E-7 requires completion of BNCOC (all phases).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOR for promotion to E-7 should be adjusted to 1 January 2008, the date his sequence number was announced, has been noted and appears to lack merit.
2. At the time the applicants sequence number was announced he had not completed the BNCOC requirement; therefore, he was not considered qualified/
eligible to accept the promotion because conditional promotions had not been approved at the time.
3. On 1 April 2008, the day after he departed Iraq, MILPER Message 08-095 was released which provided for conditional promotions to E-7 and E-8 to those Soldiers who were deployed. The provisions were not made retroactive.
4. Unfortunately, the applicant missed the effective date by 1 day; therefore, he was required to attend BNCOC before he could be promoted. Accordingly, he was properly promoted in accordance with the regulations and policies in effect at the time.
5. In the absence of evidence to the contrary, there appears to be no basis for granting the applicant's requested relief.
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.
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