MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          17 December 1998                    
	DOCKET NUMBER:   AC98-09770
				   AR1999014885

	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. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Kenneth L. Wright		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:  That his records be corrected to show he was promoted to pay grade E-6 on 1 February 1996.

APPLICANT STATES:  That he submitted three DA Form 4187’s during the past 21 months in an attempt to correct an administrative error to having his date of rank (DOR) changed to 1 February 1996; that each of his request were denied, the final one being denied by Promotions Branch, after it had been approved by the NCOES Branch; that he was improperly informed of his alternatives by the XVIII ABN Corps; that he was misinformed by his Personnel Service Center which has caused him to fall a year behind his peers; and that his representative in Congress was unsuccessful in convincing DA that an error had occurred in accordance with Army Regulation 600-200, chapter 7, paragraph 34a. 

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

On 1 February 1996, the applicant met the promotion point cut-off score for promotion to pay grade E-6, in Military Occupational Specialty (MOS) 11B.

From 26 February - 16 August 1996, the applicant was enrolled in the Special Forces Medical Sergeant Course (CRS 2-96) and BNCOC.

On 15 August 1996, he was promoted to the pay grade o f E-6, with a DOR and effective date of 16 August 1996, in MOS 18D.

MILPER Message #92-247, Procedural Guidance for the linkage of NCOES to Promotions and Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 3-34k(3), effective 1 October 1989, requires that soldiers must be graduates of BNCOC prior to promotion to Staff Sergeant; and that soldiers who meet a cut off score on or after 1 October 1992, but are not BNCOC graduates, will be promoted the date they successfully complete the course.  Soldiers may apply for a NCOES waiver, however, the request are considered on a case by case basis and must be requested prior to being promoted.  

On 21 November 1996, 21 May 1997, and 18 April 1998, the applicant requested that his DOR be changed to 1 February 1996, the date he made the cut-off score in MOS 11B.  The applicant states that the was unable to attend MOS 11B, BNCOC, because he had been selected to attend the Special Forces Medical Sergeant Course. 

On 16 September 1998, PERSCOM, NCOES Section sent an endorsement to Enlisted Promotions, requesting that the applicant’s DOR be adjusted to 2 May 1996, the graduation date of the next BNCOC class after he met the cut-off score on 1 February 1996.  Promotions Branch denied the request.

On 28 October 1998, the Commander, U.S. Total Army Personnel Command (PERSCOM), provided an opinion (COPY ATTACHED) that recommended that the applicant’s request be denied.  The recommendation stated that a retroactive NCOES waiver is not in accordance with Army policy and gives the applicant a promotion advantage not afforded to all soldiers; that the waiver request policy has been in effect since October 1992; and that specific instructions for requesting a NCOES waiver is published each month in the DA Promotion Point Cut-off Scores and Junior Enlisted Issues memorandum.

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.  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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  There is no evidence in the available records to show that the applicant applied for a BNCOC waiver prior to his promotion, as required by current policy, nor is there evidence of an administrative error. 

4.  Allowing the applicant to be promoted based on a retroactive NCOES waiver is not in accordance with Army policy and would give the applicant an advantage not afforded to all soldiers.

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

__klw___  __mhm___  __klw___  DENY APPLICATION

						Loren G. Harrell
						Director