MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 May 2000
	DOCKET NUMBER:   AR1999026338

	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. Carl W. S. Chun		Director	
	Mr. David H. Keller		Analyst	

The following members, a quorum, were present:

	Mr. Elzey J. Arledge Jr.		Chairperson	
	Mr. Ernest W. Lutz Jr.		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:  Promotion to staff sergeant (E-6) with an effective date of 1 March 1999.

APPLICANT STATES:  That he appeared before a local staff sergeant promotion board in December 1994.  In January 1997, he was reevaluated and given a revised promotion point score of 670 points.  Being aware of a new Army policy to validate his promotion standing within 24 months, he knew he had until January 1999 to request promotion reevaluation to add a minimum of 20 points to his promotion point score.  He submitted a request for reevaluation during the month of August 1998.  He also requested that his primary military occupational specialty (MOS) be reclassified to 79R, recruiter.

In September 1998, his servicing Military Personnel Division (MPD) disapproved his request for promotion point reevaluation.  Accordingly, his promotion point total remained at 670, effective January 1997.  On 1 February 1999, the MPD removed him from the promotion standing list.  On 10 February 1999, he was reclassified to MOS 79R.

He was later informed by his personnel staff NCO that the MPD was correct in disapproving his request for reevaluation.  However, they could have “suspended” his promotion list status and notified him to process a request for “promotion point adjustment.”  Had he done so, his promotion point total would have increased to 689 with an effective date of September 1998.  Considering he would have to wait 90 days for his new score to become effective, he would not have met the cut-off score for promotion to staff sergeant in his previous MOS, 92Y, unit supply specialist.  However, he would have exceeded the cut-off score for promotion in his new MOS of 79R on 1 March 1999.

In support of his request, the applicant submits his promotion board results from December 1994; his January 1997 promotion reevaluation; his August 1998 request for reevaluation and the MPD disapproval thereof; his reclassification orders; the MPD memorandum announcing his removal from the promotion standing list; and Department of the Army announced junior NCO promotion cut-off scores for December 1998, January 1999, and March 1999.

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

He entered active duty in July 1987 and has served continuously through a series of reenlistments.  He was promoted to sergeant effective 1 July 1994.

A 7 December 1994 report of promotion board proceedings shows that the applicant, while serving in Germany, was recommended for promotion to staff sergeant in MOS 92Y, with a promotion point score of 656 points.

Although his complete military personnel records are not available to the Board, it appears that he was involuntarily reassigned in November 1995 to the Army Recruiting Battalion, Miami, Florida.  In January 1997, the applicant requested a promotion point reevaluation based on self-achievement and awards which resulted in an increase in his promotion point total to 670 points.

In August 1998, the applicant again requested a promotion point reevaluation based on self-achievement.  On 22 September 1998, his MPD denied his request because regulations then in effect required a minimum 20-point increase for a valid reevaluation.  The applicant had increased his promotion point total by only 12 points.

On 10 January 1999, the applicant was informed by his MPD that soldiers with promotion point scores of 699 or less were required to validate their promotion list standing within a 24 month period based of the date of their latest approved promotion action; in this case, the applicant’s January 1997 reevaluation.  Since, the 24-month period ended on 1 February 1999, he was required to validate his promotion point score not later than 28 February 1999 or he would be removed from the promotion standing list.

On 10 February 1999, reclassification orders were issued by the Fort McPherson MPD awarding the applicant primary MOS 79R, recruiter.

On 2 March 1999, the applicant was informed by his MPD that he failed to validate his promotion list standing within the past 24 months and was therefore removed from the promotion standing list effective 1 February 1999.

Army Regulation 600-8-19 establishes policy and procedures for promotion of enlisted personnel.  It provides, in pertinent part, for promotion of soldiers to staff sergeant who have held promotion list status for at least 3 months and who meet or exceed Department of the Army announced promotion point cutoff scores by grade and MOS, and who are otherwise eligible.  Promotion scores achieved through the reevaluation process are effective for promotion on the first day of the third month following reevaluation.

The regulation also provides that soldiers whose total point score is 699 or less are required to validate their promotion list standing within a 24 month period based on the date of their latest approved promotion action (including initial boards, reevaluations and recomputations).  Validation will be accomplished through the reevaluation process prior to the 24-month deadline.  Any soldier who fails to validate his or her promotion list standing will be administratively removed from the standing promotion list effective the 1st day of the 25th month following their latest approved promotion action.

In the processing of this request, a 7 June 1999 advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM).  The Board was advised that in September 1998, the applicant’s MPD should have awarded, then suspended, the additional 12 points to allow him the opportunity to request a promotion point adjustment.  However, even if a promotion point adjustment had been processed, the action would not have validated his promotion list standing.  Therefore, in accordance with Army policy, he was removed from the standing list for failing to validate his promotion points within a 24-month period and would have to appear before a new promotion board in order to be recommended for promotion and integrated onto the standing promotion list.  

PERSCOM also advised that the applicant did appear before a new promotion board in April 1999 and was recommended for promotion by that board.  He attained a promotion score of 705 points, which has been integrated onto the promotion standing list during April 1999 and is not retroactive.  The applicant is, therefore, eligible for promotion on 1 July 1999, provided he meets or exceeds the Department of the Army announced promotion point cut-off score for his MOS.  PERSCOM recommended that the applicant’s request be denied.

On 11 June 1999 the applicant was furnished a copy of the PERSCOM advisory opinion for comment and rebuttal.  He failed to respond within the imposed 
30-day time limit offered him by this agency.

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, it is concluded:

1.  The applicant’s promotion point score for promotion to staff sergeant was 670 points as a result of his January 1997 promotion reevaluation.  Since his total promotion point score was less than 699, the applicant was required by regulation to validate his promotion list standing through the reevaluation process prior to 28 February 1999.

2.  The applicant failed to validate his promotion list standing by 28 February 1999 and was administratively removed from the promotion standing list.

3.  The applicant was not in a promotable status on 1 March 1999.

4.  The foregoing is supported by the advisory opinion from PERSCOM.  Accordingly, there is no basis for granting the applicant's request.  It is noted by the Board that the applicant appeared before a new promotion board in April 1999, was placed on the standing promotion list, and subsequently promoted to staff sergeant.

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

__eja____  ___ewl__  __klw____  DENY APPLICATION

    Carl W. S. Chun
    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999026338	
SUFFIX		
RECON		
DATE BOARDED	20000525	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.