MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 December 1998                   
	DOCKET NUMBER:   AC98-10039

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Adjustment of her E-6 date of rank (DOR) from 23 April 1998 to 1 November 1997.

APPLICANT STATES:  That she was originally scheduled to attend the Basic NCO Course (BNCOC) from 14 August 1997 to 19 December 1997 but due to a back injury and extended profile she was unable to attend, and her class date was deferred until 23 February 1998.  In the meanwhile, she met the promotion point cut-off score for 1 November 1997 and promptly received notification of her attendance at the BNCOC from 23 February 1998 to 24 June 1998.  She states that a request for a waiver of BNCOC was denied by her command.  Then, when another soldier in her unit was unable to attend his class date in December 1997, she opted to attend BNCOC early and was in school from 9 December 1997 to 23 April 1998.  

EVIDENCE OF RECORD:  The applicant's military records show:

She attended the Army Medical Department BNCOC at the NCO Academy, Fort Sam Houston, Texas, from 9 December 1997 through 23 April 1998, achieving course standards and being awarded a diploma.  On 28 April 1998 orders were published promoting her to staff sergeant (E-6) with an effective date and DOR of 23 April 1998.  

On 17 September 1998 her request for an exception to policy or promotion to staff sergeant was disapproved by the Chief, NCOES Section, Total Army Personnel Command (PERSCOM).  The Chief, NCOES Section stated that waivers are granted only to soldiers who are “fully qualified” to attend a course but are unable to obtain a seat.  

During the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Chief, Promotions Branch, PERSCOM, who stated that in accordance with procedural guidance, soldiers must be graduates of BNCOC in order to be promoted to staff sergeant.  Soldiers who meet or exceed a cut-off score but are not graduates of the BNCOC will be promoted the date they successfully complete the course, and their effective dates and DOR’s will be the date of graduation.  Further, soldiers requesting waivers must meet or exceed a cut-off score and be fully qualified for attendance prior to requesting a waiver.  

The opinion continues by stating that the applicant was not fully eligible to attend the August - December 1997 BNCOC due to a medical profile, and that had her request for waiver been approved, her DOR and effective date of promotion would have been the graduation date of the first available BNCOC class that began and graduated after 1 November 1997.  That class would have been the 9 December 1997 - 23 April 1998 class - the class she attended.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant is seeking a DOR of 1 November 1997, the date she met the promotion point cut-off score for her specialty.  However, she was not a graduate of BNCOC, a prerequisite for promotion to E-6 and was, therefore, ineligible for promotion on that date.  .

2.  The applicant’s situation was not one of being unable to obtain a class seat (she had one) but rather, unfortunately, one of being unable to attend BNCOC due to an injury. Consequently, her request for a waiver of BNCOC after meeting the promotion point cut-off score was properly denied.   

3.  The Board notes that had the waiver been approved, the applicant’s effective date and DOR would not have been earlier than they are now - 23 April 1998, the graduation date of the first BNCOC class graduating after 1 November 1997. 

4.  By taking another soldier’s seat in the December 1997 class instead of waiting for her deferred seat in the February 1998 class, the applicant ended up in the class that graduated on 23 April 1998 and was properly promoted effective that date with a same DOR.    

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO___  __GDP___  __JHK___  DENY APPLICATION

						Loren G. Harrell
						Director