MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 September 2000                 
	DOCKET NUMBER:   AR2000036150

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 he was promoted to pay grade E-6, effective 1 August 1998, with entitlement to all back pay and allowances. 

APPLICANT STATES:  That he met the promotion point cut-off score for             1 August 1998, in Military Occupational Specialty (MOS) 97E with 771 promotion points, however he was never informed of the promotion.  In support of his request the applicant submits copies of his 1996 Promotion Packet (DA Form 3355) and approved Promotion Board Report; a Service School Academic Evaluation Report for the Interrogator, Basic Noncommissioned Officer Course (BNCOC); and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

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

On 15 July 1996, a local promotion board considered and recommended the applicant for promotion to pay grade E-6, in MOS 97EAD, with a total of          771 promotion points.

On 10 July 1998, the Promotion Point Cut-off Scores for 1 August 1998 were announced.  The cut-off score for promotion to pay grade E-6 for MOS 97EAD     was 798 points.

On 28 August 1999, the applicant was honorably discharged in the pay grade of E-5, under the provisions of Army Regulation 635-200, paragraph 5-17 (early separation to further education).  His DD Form 214 shows he had 12 years,        4 months and 20 days of creditable service.

In the processing of this case, an advisory opinion (COPY ATTACHED) was obtained from the U.S. Total Army Personnel Command (PERSCOM), which 
recommended that the applicant’s request be denied.  The recommendation states that the applicant did not meet or exceed an announced promotion point cut-off score; and that his promotion packet contained an APFT score which was over 12 months old, and when using his updated APFT score his promotion points would have adjusted to 751 points.  

Army Regulation 600-8-19, provides that promotion points will be recomputed      12 months after the soldier’s last computation (initial board, reevaluation, or recomputation).  It further provides that once a soldier has been identified as having met a promotion point cut-off score his points will be revalidated. 

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.  The applicant’s promotion packet reveals that he did not meet or exceed the announced promotion point cut-off score for 1 August 1998, for promotion to pay grade E-6.

2.  Had the applicant met the promotion point cut-off score for 1 August 1998, his points would have been reviewed to validate his promotion status, and a  recalculation of his points would have reduced his score by 20 points, in the area of military training.  

3.  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 that requirement.

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

___aao__  ___mhm__  __tfb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000036150	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  131.00		
2.		
3.		
4.		
5.		
6.