MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         6 January 1999       
	DOCKET NUMBER:   AC98-12279
				   AR1999-17600

	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:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Curtis W. Barbee		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 his date of rank to pay grade E-6 as 1 April 1997.

APPLICANT STATES:  That he made the cut-off score for 1 April 1997, and was unable to get an earlier class date for the Basic Noncommissioned Officer Course (BNCOC) because the classes were full.

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

On 1 April 1997, the applicant met the cut-off score for promotion to pay grade E-6, but was not eligible for promotion because he had not completed BNCOC.

On 23 October 1997, after completion of BNCOC, the applicant was promoted to the pay grade of E-6, with a date of rank and effective date of 23 October 1997.

MILPER Message Number 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), 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 requests are considered on a case by case basis and must be requested prior to being promoted.  

Specific instructions for requesting a NCOES waiver is published each month in the DA Promotion Point Cut-off Scores and Junior Enlisted Issues Memorandum.

There is no evidence in the available records nor did the applicant provide documentation to show that he applied for a waiver of the BNCOC requirement through the Noncommissioned Officer Education System Branch at the U.S. Total Army Personnel Command (PERSCOM).

If the applicant had been granted a waiver for the BNCOC requirement he would have been given a date of rank and effective date based on the graduation date of the first available class after he met the cut-off score.

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.
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 ever applied for a BNCOC waiver, therefore to give the applicant a date of rank and effective date earlier than 23 October 1997, would give him an advantage not afforded to all soldiers.

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

__TDH__  __LLS__  __CWB___  DENY APPLICATION

						Loren G. Harrell
						Director