PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            31 October 2000                  
	DOCKET NUMBER:   AR2000043076

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi 		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 her record be referred to a standby advisory board for consideration for promotion to Master Sergeant under the criteria of the February 2000 Master Sergeant Selection Board. 

3.  In effect, the applicant states that the absence of her NCO evaluation report (NCOER) ending in November 1999 prevented her selection for promotion by the February 2000 board.  The late preparation and tardy submission of that report was due to an administrative error and was not her fault. 

4.  The applicant’s military records show that the applicant is a Sergeant First Class who received an annual NCOER for the period December 1998 through November 1999.  She was rated by a senior civilian official and senior rated by a Senior Executive Service civilian.  Her report was reviewed by an active Army colonel.  The NCOER shows that all personnel involved in this report, including the applicant, signed the report on 4 February 2000, over two months after the ending month of the report. 

5.  In the processing of this case an advisory opinion was obtained from the Chief of Promotions Branch, Total Army Personnel Command (PERSCOM).  That official stated that the evaluation report was not received early enough for processing, in that the NCOER was signed on 4 February 2000, after the convening date of the Master Sergeant promotion board; consequently, there was no material error to warrant promotion reconsideration.  He recommended that the applicant’s request be denied. 

6.  On 17 August 2000 the applicant submitted a rebuttal to the advisory opinion, stating in effect that the delay in the processing and submission of the report was not her fault.  She stated that administrative errors caused the report to be returned by PERSCOM on two occasions, and the nonavailability of her senior rater to sign her report caused a further delay.

CONCLUSIONS:

1.  Notwithstanding the opinion from the PERSCOM, the applicant was not responsible for the delay in the preparation and processing of her NCOER.  Had officials acted responsibly in this matter, her NCOER would have been reviewed by the February 2000 Master Sergeant Promotion Board.  

2.  Consequently, the applicant’s record should be referred to a standby advisory board for consideration for promotion to Master Sergeant under the criteria of the February 2000 Master Sergeant Selection Board.  

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

RECOMMENDATION:

That the records of the individual concerned be referred to a standby advisory board for consideration for promotion to Master Sergeant under the criteria of the February 2000 Master Sergeant Selection Board.

BOARD VOTE:  

___eja___  ___alr___  ___bfh__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043076	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001031	
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.  310	131.00	
2.		
3.		
4.		
5.		
6.