MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:            24 August 2000
	DOCKET NUMBER:   AR2000035073

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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:  In effect, a date of rank (DOR) adjustment from 
17 September 1999 to 1 May 1999.

APPLICANT STATES:  In effect, that her promotion to sergeant, pay grade 
E-5 was delayed due to no fault of her own.  Following her promotion board appearance in February 1999 and making the Headquarters Department of the Army (HQDA) promotion cutoff score in May 1999, her command submitted a Noncommissioned Officer Evaluation System (NCOES) waiver to request that she be promoted, even though she had not attended the Primary Leadership Course (PLDC) due to other training requirements.  As a result of her promotion packet getting lost, her promotion points were not entered into the Total Army Personnel Data Base and her NCOES waiver was not processed.  She submits a DA Form 4187 (Personnel Action) dated 21 April 1999, a copy of her promotion orders, a memorandum written in her own behalf, and a memorandum from the noncommissioned officer in charge of her local personnel office in support of her request. 

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

That on 17 May 1996, she enlisted in the Regular Army (RA).  She was trained in military occupational specialty 98C (Signal Intelligence Analyst).  The applicant appeared before a local promotion selection board in February 1999 which recommended her for promotion to pay grade E-5.  Her promotion cutoff score is unknown.

The applicant claims that she met the Department of the Army announced promotion cutoff score for her MOS to be promoted to pay grade E-5 effective 
1 May 1999.  Since she was not a PLDC graduate, her command requested an NCOES promotion waiver on 21 April 1999.  For some reason, her promotion packet may have been lost and the promotion waiver was not processed.  

The applicant apparently met the HQDA announced promotion cutoff score for 
1 September 1999, but because she was not a PLDC graduate, she was not promoted on that date.  However, on 24 September 1999, Orders 267-64, Headquarters, 3d Infantry Division (Mech) and Fort Stewart promoted her to pay grade E-5, with an effective date and date of rank of 17 September 1999, the date she graduated from PLDC.  

On 29 September 1999, she reenlisted in the RA for 3 years in pay grade
E-5 and continued duty in MOS 98C.  

In connection with this application, the Total Army Personnel Command 
(PERSCOM) opined (COPY ATTACHED), in essence, that “in accordance with the Military Personnel (MILPER) Message #92-247, subject:  Procedural Guidance for the Linkage of NCOES to Promotions (Active Component), effective 1 October 1989, soldiers must be graduates of the PLDC in order to be promoted to sergeant.  Soldiers who meet or exceed a cutoff score on or after 
1 October 1989, but are not PLDC graduates, provided otherwise eligible, will be promoted the date they successfully completed the course.  The effective date of rank/promotion will be the date of PLDC graduation.”

Further, PERSCOM opined that “the applicant failed to provide, with her application, a complete promotion packet to include a DA Form 3355 (Promotion Point Worksheet), and all source documents used to award promotion points.  Therefore, that office could not establish if a HQDA cutoff score was met or exceeded anytime prior to 1 September 1999. 

The PERSCOM noted that had the applicant met or exceeded a HQDA cutoff score at anytime prior to 1 September 1999, her date of rank and effective date of promotion would still be 17 September 1999 based on her graduation date from PLDC.  Therefore, the PERSCOM recommends that her request for a date of rank adjustment to 1 May 1999 be denied.

Army regulations currently provide that if an NCOES waiver request is approved by HQDA, a solider may be temporarily promoted to pay grade E-5 until he or she has an opportunity to attend the next scheduled PLDC. 

On 30 March 2000, the applicant faxed a DA Form 4187 to this agency dated 
21 April 1999.  The DA Form 4187 was a request submitted by her unit commander for a NCOES waiver.  The DA Form 4187 stated that the applicant met or exceeded the HQDA promotion cut-off score for 1 May 1999; she was presently assigned temporary duty for Department of the Army training until 
18 June 1999; and that she had not received a PLDC date.  There is no evidence that this request was ever forwarded to the Department of the Army.  

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.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant has provided this Board with insufficient evidence to show that she met the promotion cutoff score for promotion to pay grade E-5, effective 
1 May 1999.  Such documentation should include her DA Form 3355, with all supporting documentation to include her standing on the appropriate unit/installation standing promotion list to pay grade E-5.   

3. If these documents were lost through no fault of her own, she should submit certification to this effect from responsible officials at Hunter Leggett Army Air Field/Fort Stewart, Georgia.  

4.  Further, even if her request for NCOES waiver was approved by her major local command, and was submitted to the Department of the Army, there is no guarantee that it would have been approved.  Many factors go into such approvals, to include availability of NCOES (PLDC) school seats.  Further, she has provided no detailed justification as to why she failed to attend an earlier scheduled PLDC.    

5.  Therefore, the Board must conclude that the effective date of her promotion to the rank of sergeant, pay grade E-5 was properly established as 
17 September l999, the earliest date she completed a PLDC.  

6.  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

__gdp___  __clg  ___  __alr____  DENY APPLICATION

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

	

INDEX

CASE ID	AR2000035073	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	N/A	
REVIEW AUTHORITY		
ISSUES         1.	129.0000	
2.		
3.		
4.		
5.		
6.