MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 June 2000                   
	DOCKET NUMBER:   AR2000038275

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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 Sergeant First Class (SFC), E-7 and to Master Sergeant (MSG),    E-8.

APPLICANT STATES:  That he should have been promoted to SFC in 1992.  He had completed the Advanced Noncommissioned Officer Course (ANCOC), was awarded a Bronze Star Medal for service in Saudi Arabia and amply proved his leadership abilities.  He had experience as a section sergeant, assistant platoon sergeant and platoon sergeant and also some experience as a first sergeant and Drug and Alcohol NCO.  He should have been promoted to MSG in 1996.  He had good NCO Evaluation Reports (NCOERs).  He was awarded the Defense Meritorious Service Medal for his superb accomplishments.  Supporting evidence is as listed on the enclosure to the DD Form 149.

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

He enlisted in the Regular Army on 25 October 1977.  He was promoted to Staff Sergeant (SSG), E-6 on 15 October 1985.

As an E-6, the applicant received nine NCOERs under the current NCOER system.  The first eight of these NCOERs showed that he worked in duty military occupational specialty (MOS) 36L30 (Transportable Automatic Switching Systems Operator/Maintainer) and the last one showed that he worked in duty MOS 31F30 (Mobile Subscriber Equipment Network Switching System Operator).  The “3” designates an E-6 position.  In part IV of these nine NCOERs, he received a preponderance of “success” ratings (a total of 39 such ratings) with four ratings of “excellence” and two ratings of “needs some improvement” in the five categories of NCO responsibilities.  In part V he received a rating of “among the best” for all except the NCOER for the period ending June 1993, in which he received a rating of “marginal.”

The applicant retired on 1 November 1997 in the rank and grade of SSG, E-6.

Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  In pertinent part it states that centralized promotion boards (for promotion consideration to grades E-7, E-8 and E-9) will select the best qualified soldier in each MOS for promotion.  They will recommend a specified number of soldiers by MOS from zones of consideration who are the best qualified to meet the needs of the Army.  The total number selected in each MOS is the projected number the Army needs to maintain its authorized-by-grade strength at any given time.

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.  Without being able to review all the records, MOS/authorized-by-grade projections and special instructions that were available to the SFC promotion boards that considered the applicant, the Board cannot determine why he was not selected for promotion.  The Board is aware that he was considered for promotion during the peak years of the drawdown and that his NCOERs showed that he was for the most part only an average soldier.  Without evidence to show otherwise, the Board concludes that the soldiers who were recommended for promotion to SFC were, in the promotion boards’ considered opinion, the best qualified in their MOS.  Since the Board concludes that there was no error in his not being recommended for promotion to SFC, consideration of his request for promotion to MSG is not appropriate.

3.  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

__slp___  __lem___  __aao___  DENY APPLICATION

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

INDEX

CASE ID	AR2000038275	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.