PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:  6 July 2000
	DOCKET NUMBER:  AR2000036714

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest M. Willcher		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show equivalent credit for Advanced Noncommissioned Officers Education System (ANCOES) and promotion to pay grade E-8, based on that credit.  He also requests as an alternative, promotion reconsideration for that pay grade.  He provides copies of military correspondence pertaining to the awarding of equivalent credit for ANCOES.

3.  The applicant states that, for almost 10 years, he was not given constructive credit for the ANCOES Course.  He alleges he was discriminated against because his records had not been properly annotated.

4.  On 27 September 1977, after completing 9 years, 10 months and 1 day of prior active service, he reenlisted in the Army in MOS 12B3X (Drill Sergeant), in pay grade E-6. 

5.  On 31 July 1978, he was selected to attend General Engineering ANCOES Course 7-51-C42, at Fort Belvoir, Virginia from 30 September 1979 to               14 December 1979.

6.  On 27 July 1979, the Commander, PERSCOM advised the applicant that all soldiers selected for ANCOES who were subsequently selected for promotion to pay grade E-7 would receive constructive credit and that his selection for promotion was prima facie evidence that he held those qualifications necessary for service at pay grade E-7, and that constructive credit for ANCOES was the basis for removal from the ANCOES select list.

7.  On 11 December 1979, he was promoted to pay grade E-7, effective              1 January 1980.

8.  His Personnel Qualification Record (PQR) (Part II) shows constructive credit for “NCOES (ANCOC)” effective “78”.

9.  His PQR (Part I) prepared on “9 Dec 85” shows “None 0” for military education.

10.  On 25 April 1989, in a letter to the Enlisted Standby Advisory Board, he indicates his records have appeared before 6 promotion consideration boards, without being selected for promotion to pay grade E-8.  He indicates his Enlisted Evaluation Reports have remained excellent, with the lowest being 123.  He further indicated his different duty positions.

11.  His PQR (Part I) prepared on “16 Oct 89” indicates his miliary education as “ADV GRAD S” (Advanced Graduate – ANCOES).

12.  On 31 December 1989, he was honorably separated, in pay grade E-7 and transferred to the Retired List the following day.  His DD Form 214 indicates he had 22 years, 1 month and 5 days of creditable service.  It further indicates, in pertinent part, that he was awarded the Noncommissioned Officer Professional Development Ribbon (NCOPDR)(3).

13.  Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that the NCOPDR is awarded in four levels of which “3” is the advanced level and represents attendance at or equivalent credit for ANCOC.

14.  Army Regulation 600-200 (Enlisted Personnel Management System) indicates, in pertinent part, that the Enlisted Standby Advisory Board considers records that were not properly constituted, due to a major material error, when reviewed by a regular board.  Error is considered material when there is a reasonable chance that had the error not have existed, the soldier may have been selected. 

CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the appropriate equivalent credit for ANCOC and the NCOPDR (3).  However, the date of inclusion cannot be determined. Also, it cannot be determined that the promotion boards reviewed information to show the equivalent credit.

2.  The applicant’s allegation regarding discrimination is unsupported by the evidence of record.

3.  The applicant’s records should be corrected to show he was awarded constructive credit for ANCOES effective 1 January 1980, the date he was promoted to SFC E-7 and as provided by Departmental policy at that time.  He should receive promotion reconsideration based on material error in his record at the time of promotion consideration.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded constructive credit for ANCOES, effective 1 January 1980, and that following administrative implementation of the foregoing, his records be submitted to duly constituted special selection boards.

2.  That, if he is selected for promotion, he be promoted and assigned an appropriate date of rank, with appropriate pay and allowances.

3.  That, if he is not selected for promotion, he be so notified. 

4.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__cf____  __ji___  __ew____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Calvin M. Fowler___
		        CHAIRPERSON

INDEX

CASE ID	AR2000036714	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.128	Promotion	
2.		
3.		
4.		
5.		
6.