APPLICANT REQUESTS:  Correction of his military records to show he was promoted to the rank of Staff Sergeant (SSG) earlier than the date Promotions Branch, Total Army Personnel Command (PERSCOM) has approved.

APPLICANT STATES:  In effect, that he was improperly denied earlier selection to attend the Basic Non-Commissioned Officer Course (BNCOC) and that he was given incorrect information concerning conditional promotions.

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

He enlisted in the Regular Army on 26 June 1991.  His military occupational specialty was 91B (Medical Specialist).  At some point he was recommended for promotion to SSG, E-6.  In August 1996, he had 652 promotion points.

The applicant claims that he was selected by his company to attend the September 1996 BNCOC when allocations came down from post but the slot was lost for an unknown reason.     

The applicant’s promotion points were recomputed in December 1996.  His new point total was 771.  On 29 December 1996, he called the 91B Branch for a school date and was told the earliest class he could attend had a start date at the end of April 1997.

The applicant made the cut-off score for promotion to SSG on 1 March 1997.  He was notified that he had to reenlist or extend his current reenlistment to meet the service remaining obligation for SSG.  He was told promotion orders would be issued upon receipt of that documentation.  He reenlisted on 9 April 1997.

The applicant requested an exception to policy to the non-commissioned officer educational system (NCOES) requirement for promotion.  Promotions Branch, PERSCOM approved the request, giving the applicant a conditional effective date and date of rank of promotion of the graduation date of the first available BNCOC class after he met the cut-off score.

The applicant attended the April 1997 BNCOC class and graduated on 2 July 1997.  This gave him the effective date and date of rank of his promotion of        2 July 1997

Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  In pertinent part, it provides that, effective 1 October 1992, soldiers were required to be graduates of BNCOC prior to promotion to SSG.  Soldiers are allowed to compete for promotion to SSG but cannot be promoted to SSG until completion of BNCOC.  Soldiers who met a cutoff score for SSG after 1 October 1992, but were not BNCOC graduates, would be promoted effective the date of graduation from BNCOC.  Soldiers could request an exception to policy to this requirement.  Approval of this exception gave them the effective date and date of rank of the graduation date of the first available class after they met the cutoff score, even if they did not attend that course, as long as attendance was precluded through no fault of their own and they eventually did graduate from the next available class they were able to attend.

In the processing of the case, an advisory opinion was obtained from the Promotions Branch, PERSCOM.  That opinion noted that the applicant’s request for NCOES waiver was approved on 16 April 1997.  It gave him the date of rank and effective date representing the graduation date of the first available BNCOC class which begins and graduates after he met the 1 March 1997 cutoff score and is in accordance with Army policy.  To recommend an earlier date would give him an advantage not afforded to all soldiers.  They recommended his request be denied.

On 5 August 1998, a phone conversation with 91B Branch indicated that it was possible he would not have been scheduled for BNCOC as long as his total promotion points remained at 652.  Their promotion point roster was checked every month before BNCOC was scheduled.  The quota for the 91B course 
was 60, working from high points to low.  It was policy to overbook since so many individuals dropped out prior to class start, and a class was almost always filled by time the 650 point was reached.  If the applicant had talked to 91B Branch in December 1996, when his recomputed point total increased to 771, he would have been told that the class starting 7 January 1997 was completely booked, as was the class starting 3 March 1997.  The first class he could have been scheduled for was the one starting in late April 1997.  (This was the class he actually attended.)

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

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2.  PERSCOM schedules individuals for BNCOC attendance.  Phone conversation with PERSCOM on 5 August 1998 verified that the applicant was never scheduled by them for the September 1996 class and the first available class he could have been scheduled for was the April 1997 class, which was the class he actually attended.

3.  PERSCOM, Promotions Branch opined that the applicant was granted an NCOES waiver in accordance with Army policy; therefore, claims that he was given improper information concerning NCOES waivers (conditional promotions) are unsubstantiated.

4.  The fact that the applicant was given erroneous information that his promotion orders would be issued upon receipt of reenlistment or extension documentation has no bearing on the case.  The regulation is very clear that completion of BNCOC is required prior to promotion to SSG.  This is a fact every non-commissioned officer should be aware of the moment he is promoted to Sergeant.

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

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director