MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:            12 September 2000                  
	DOCKET NUMBER:   AR2000037863

	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. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 by adjusting his date of rank to staff sergeant (E-6) from 18 March 1999 to 1 September 1998.

APPLICANT STATES:  That after being notified on 15 August 1998, that he had met the promotion point cut-off score for 1 September, he requested a waiver of the Noncommissioned Officer Education System (NCOES) requirement of completion of the Basic Noncommissioned Officer Course (BNCOC), and was informed that he did not qualify for a waiver, so he requested the next BNCOC class beginning on              27 August 1998. His first sergeant did not feel there was enough time for him to prepare so he was deferred to the next class which began on 4 January 1999.  He further states that there were others in his BNCOC class who were granted waivers and promoted, and another soldier who upon graduation was given his original date of rank of              1 September 1998; and that should he maintain his current date of rank his peers will have an unfair advantage over him for upcoming promotion boards and leadership positions. 

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

On 5 May 1998, the applicant was recommended for promotion to the pay grade of E-6, with a total of 768 promotion points.

In June 1998, the applicant acquired additional promotion points increasing his total number of points to 793, allowing him to meet the promotion point cut-off score for promotion to E-6 on 1 September 1998.  However, he was not promoted because he was not a graduate of the required NCOES course (BNCOC).  

The applicant graduated from BNCOC on 18 March 1999, and on 6 April 1999, he was promoted to E-6, with a date of rank and effective date of 18 March 1999.

In the processing of this case, an advisory opinion (COPY ATTACHED) was obtained from the U.S. Total Army Personnel Command (PERSCOM), recommending that the applicant’s request be denied.  The recommendation states that the applicant did not qualify for an NCOES waiver, that policy in effect at the time granted waivers only to soldiers who could not attend the required NCOES course due to insufficient training capacity, those serving on short tour, on operational deployment or attending other institutional training.  

The applicant was provided a copy of the advisory opinion for comment or rebuttal, but has failed to respond.

Army Regulation 600-8-19, states that soldiers who meet a cut-off score but are not graduates of the required NCOES course, will be promoted on the date of course graduation. 

Military Personnel Message 99-164, June 1999, announced the policy of granting conditional promotions for those soldiers who met a promotion point cut-off score to the pay grade of E-6, but were not graduates of BNCOC.  This policy message authorized the promotion of soldiers who had not completed the required NCOES course, with the stipulation that they must complete the course and graduate within 12 months of their promotion or their promotion would be revoked.  

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 was not a graduate of BNCOC prior to his meeting the promotion point cut-off score for 1 September 1998, and did not meet the qualifications to justify an NCOES waiver.

2.  The policy of granting conditional promotions to E-6, became effective on 1 June 1999.  The applicant graduated from BNCOC on 18 March 1999, before the policy went into effect, as such there is no basis on which to retroactively promote the applicant.   

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 an error or injustice exist in this 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

___cmf__  ___fe___  __cjs____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037863	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000912	
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.  131.05		
2.		
3.		
4.		
5.		
6.