MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:        17 December 1998      
	DOCKET NUMBER:   AC98-10557
				   AR1998014888

	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 her records be corrected to show her date of rank (DOR) to pay grade E-6 as 1 December 1997.  

APPLICANT STATES:  That she was unable to attend the Basic Noncommissioned Officer Course (BNCOC) after making the cut-off score on     1 December 1997, because she only had 4 months left in her unit before she was to PCS; and that she could not attend BNCOC until 28 April 1998.

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

On 1 December 1997, the applicant met the cut-off score for promotion to the pay grade of E-6.

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.  

There is no evidence in the available records to show that the applicant applied for a waiver of the BNCOC requirement.

On 26 October 1998, the Commander, U.S. Total Army Personnel Command (PERSCOM) provided an opinion (COPY ATTACHED) recommending that the applicant’s request be denied 

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 waiver of the BNCOC requirement, and was promoted in accordance with current policy, on the date she completed BNCOC.  

4.  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

___klf__  ___mhm___  _klw____  DENY APPLICATION

						Loren G. Harrell
						Director