PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:      11 March 1998
	DOCKET NUMBER:   AC98-05004

	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.  The following members, a quorum, were present:

	Mr.	Luther L. Santiful		Chairperson	
	Mr.	Fred N. Eichorn		Member	
	Mr.	Robert W. Garrett		Member	

	Also present, without vote, were:

	Mr.	Karl F. Schneider		Acting Director	
	Mr.	Jessie B. Strickland		Examiner	

	The applicant and counsel if any, did not appear before the Board.

	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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be promoted to the pay grade of E-5 retroactive to 1 July 1997.

3.  The applicant states, in effect, that his promotion points for civilian education were incorrectly computed by the servicing personnel office in Korea.  He goes on to state that when he was transferred to his new duty station in Maryland, he was informed that he should have received more points than were indicated on his promotion points worksheet and that he should have been promoted to the pay grade of E-5 on 1 July 1997.

4.  The applicant’s military records show that he enlisted on 21 July 1993 for a period of 3 years and training as a personnel information specialist.

5.  In December 1996, while stationed in Korea, the applicant appeared before a local promotion board for promotion to the pay grade of E-5.  At that time he was given 6 points for completion of three college level examination program (CLEP) courses.  

6.  On 30 June 1997, after being transferred to Maryland, the servicing personnel office determined that the applicant should have received 12 points for the CLEP courses vice the six points he received and directed that a correction to his promotion points worksheet be made.

7.  In the processing of this case, an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Promotions Branch, which opined, in effect, that had the applicant been properly awarded the promotion points he was entitled for civilian education when he was initially boarded for promotion, he would have exceeded the promotion points cut-off score for 1 July 1997.  The PERSCOM recommended that the applicant’s request be approved.

CONCLUSIONS:

1.  The applicant was denied promotion points for civilian education courses that he was entitled to receive.  Consequently, he was unjustly denied a promotion to the pay grade of E-5 on 1 July 1997 that he otherwise was qualified to receive.

2.  Accordingly, he should be promoted to the pay grade of E-5 effective 1 July 1997, with a DOR of 1 July 1997, with entitlement to all back pay and allowances.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the pay grade of E-5 effective 1 July 1997, with a DOR of 1 July 1997, with entitlement to all back pay and allowances.                

BOARD VOTE:  

  LS      FE     RWG   GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON