PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 June 2000                  
	DOCKET NUMBER:   AR2000041865

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		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 date of rank be adjusted to his original date of rank of 1 April 1994.

3.  The applicant states he was not informed until November 1999 that his promotion to Staff Sergeant (SSG), E-6 back in 1994 was invalid because he attended a Reserve Component (RC) Basic Noncommissioned Officer Course (BNCOC) and not an Active Component (AC) BNCOC.  He never misrepresented his RC BNCOC as anything other than an RC school.  It was clearly marked on his DA Form 1059, Academic Evaluation Report and on his Promotion Point Worksheets (DA Forms 3355) as a Reserve school.  He was told repeatedly by schools NCOs and promotions clerks that the RC BNCOC was sufficient and there was no need for him to attend another BNCOC.  He has since attended an AC BNCOC and he has been allowed to retain his rank but his date of rank has been changed to the date of his graduation from the AC BNCOC.  Due to this action, he has been denied two opportunities for promotion to Sergeant First Class (SFC), E-7.  Furthermore, with his new date of rank of   17 February 2000 he will not be eligible for promotion for at least another two years.

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve on 27 November 1979.  He completed a 13-day RC BNCOC on           19 December 1982, attended during drill periods in September, October, November and December 1982.  On 4 August 1983, he enlisted in the Regular Army.

5.  In June 1990, the applicant was recommended for promotion to SSG.  DA Form 3355, Promotion Point Worksheet was prepared.  In part II, section 4, the Form notes that he was awarded six points for having completed RC BNCOC as an additional NCO Education System (NCOES) course.  He was placed on the promotion list on or about 12 June 1990.  

6.  The applicant’s DA Form 2A, Personnel Qualification Record Part I shows he was credited as being a BNCOC graduate.

7.  The applicant was promoted to SSG effective 1 April 1994 with a date of rank of 1 April 1994.

8.  The applicant’s records were first eligible to be considered by the Fiscal Year (FY) 1999 SFC promotion selection board.  Through an administrative error, his records were not considered and he requested consideration by a Standby Advisory Board (STAB).  On 15 November 1999, the Enlisted Promotions Branch, U. S. Total Army Personnel Command informed the applicant that promotion reconsideration was disapproved because Army AC policy does not provide equivalency for RC BNCOC and therefore his 1 April 1994 to SSG was invalid.  However, as exception he would be allowed to retain his SSG promotion contingent upon attending and graduating from AC BNCOC within one year from 15 November 1999.  If he attended and graduated, his date of rank would be the date of BNCOC graduation although his effective date of promotion (for pay purposes) would remain 1 April 1994.

9.  The applicant attended AC BNCOC and graduated on 17 February 2000.  His SSG promotion orders were amended to change his date of rank to read            17 February 2000.

10.  The applicant had received nine NCO Evaluation Reports (NCOERs) on which he received “excellence” and “success” performance ratings and “among the best” and “fully capable” potential ratings as a SSG in E-6 positions (and, on two NCOERs, in E-7 positions.)

11.  Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  Interim change 1 to the regulation amended paragraph 3-34k(3)(a) to read “Soldiers are required to be graduates … of BNCOC prior to promotion to SSG…Soldiers who met a cut-off score but were not graduates of the required NCOES course, will be promoted on the date they successfully complete the course…”  Paragraph 3-34k(5) was added to read “Effective 1 October 1992, soldiers are required to be BNCOC graduates prior to promotion to SSG.”

CONCLUSIONS:

1.  The Board concludes that an injustice has occurred in this case.

2.  Effective 1 October 1992, soldiers were required to be BNCOC graduates prior to promotion to SSG.  However, the regulation is not clear that RC BNCOC is not equivalent to AC BNCOC and that therefore graduation from RC BNCOC does not meet the required military education requirement.  

3.  The Board understands the difference between RC BNCOC (in this case,     13 days of attendance over a 4-month period) and AC BNCOC (usually, a concentrated 4 or 5 week course attended full time) and why Headquarters, Department would have a policy differentiating between the two courses.  However, the Board believes the applicant’s contention that his unit or installation schools/promotions authorities told him his RC BNCOC carried the same promotion weight as AC BNCOC.  The Board believes that his unit or installation schools/promotions authorities may not have realized the difference.  His records were coded for BNCOC graduation.  There are no separate codes for RC and AC BNCOC so Headquarters, Department of the Army NCOES Branch would not have known to schedule him for an AC BNCOC course.  

4.  The applicant accepted his promotion to SSG on 1 April 1994 in good faith.  As evidenced by his NCOERs, he successfully performed the duties of an E-6 over a five and one-half year period before it was determined his promotion was invalid.  He attended and graduated from AC BNCOC at the first opportunity.  By retaining a promotion effective date of 1 April 1994, Headquarters, Department of the Army allowed him to keep the pay and allowances he earned for the E-6 duties he performed.  It would be in the interest of fairness to also allow him to keep the date of rank “credit” he earned during those years.

5.  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 that the applicant was promoted to Staff Sergeant on         1 April 1994 with an effective date and a date of rank of 1 April 1994.

2.  That the records of the applicant be made available to the next scheduled Standby Advisory Board for promotion consideration to SFC under the 1999 and, if necessary, the 2000 criteria after the above correction is made.

BOARD VOTE:  

__lls___  __aao___  __ra____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041865	
SUFFIX		
RECON		
DATE BOARDED	20000622	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.	131.03	
3.		
4.		
5.		
6.