MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 December 1999                  
	DOCKET NUMBER:   AR1999018406

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchannon		Member	
	Mr. Mark D. Manning		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 date of rank to pay grade E-6 be adjusted to 1 December 1995.

APPLICANT STATES:  That both he and another soldier were granted an exception to policy to be promoted to pay grade E-6 prior to completion of Basic Noncommissioned Officer Course (BNCOC).  However, while the other soldier’s date of rank (DOR) became the date he met his cut-off score, his DOR was established as the date the next BNCOC class graduated.

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

On 15 February 1996 the Total Army Personnel Command (PERSCOM) granted the applicant an exception to policy to allow him to be promoted to pay grade E-6 prior to his completion of BNCOC.  The PERSCOM stipulated in its endorsement that the applicant’s DOR would be 16 September 1996.

Accordingly, the applicant was promoted to pay grade E-6 effective 16 September 1986 with the same DOR.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the PERSCOM.  The PERSCOM stated that when it grants an exception to policy for promotion prior to completion of BNCOC, the effective date of promotion is established as the graduation date for the next available BNCOC class.  The PERSCOM recommends disapproval of the applicant’s request.  The applicant was furnished a copy of this advisory opinion and given the opportunity to respond.  He opted not to reply.

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

1.  The applicant was promoted with a DOR which was established under long standing PERSCOM policy.  The Board considers that policy fair and equitable.

2.  The Board can only consider whether an action taken on an applicant is equitable and just.  As such, the applicant’s contention that another NCO was given a particular DOR has no bearing on his case.

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

_tnk_____  _eb_____  _mdm___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018406	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991215	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.		
3.		
4.		
5.		
6.