MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 March 2001
	DOCKET NUMBER:  AR2000047548

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John P. Infante		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 received a waiver of a promotion requirement and was promoted to pay grade E-5 in his former military occupational specialty (MOS).  Further, he requests an investigation be done and that he be given his promotion retroactively.

APPLICANT STATES: That he made the cutoff in his old MOS and that he was eligible for promotion if he had received a waiver of the Primary Leadership Development Course (PLDC).

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

On 24 June 1994, he enlisted in the Regular Army.  He completed his required training and was awarded MOS 62H (Concrete and Asphalt Equipment Operator).  He was advanced to pay grade E-4.

During the period 12 March and 16 April 1999, the applicant was on temporary duty at Fort Sam Houston, Texas to attend the Medical Supply Specialist Course (MOS 76J) enroute to Fort McPherson, Georgia. 

On 1 April 1999, the applicant met the cutoff score for promotion in his former MOS (62H), however, he did not meet the requirement to be a PLDC graduate prior to promotion to sergeant (SGT), pay grade E-5.

On 28 July 2000, he completed his PLDC.

On 17 January 2001, the Commander, Total Army Personnel Command (PERSCOM) opined that the applicant is ineligible to receive a PLDC waiver since he had been a “no-show” for the 22 June to 23 July 1999 PLDC.  He has since graduated from PLDC on 28 July 2000.  Failure to attend a scheduled NCOES is reason for revocation/removal of promotion status.  The applicant should be required to meet the cutoff score in his current MOS.

On 25 January 2001, the applicant was provided a copy of the opinion for his acknowledgement/rebuttal. He did not respond.

Army Regulation 600-8-19 (Enlisted Promotions and Reductions), 1 November 1991, indicates, in pertinent part, that “effective 1 October 1989, soldiers were required to be graduates of PLDC prior to promotion to SGT.  Soldiers are allowed to compete for promotion to SGT but cannot be promoted to SGT until completion of PLDC. Soldiers who met a cutoff score for SGT after 1 October 1989, but were not PLDC graduates, would be promoted on the first day of the month following completion of PLDC.” 

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, it is concluded:

1.  The evidence of record shows the applicant had not completed the PLDC at the time he attained sufficient points for promotion to SGT, pay grade E-5 and was properly not promoted.  There is no error or injustice and the records do not require change.

2.  The applicant was scheduled to attend the PLDC, but for whatever reason did not attend.  His failure to attend the PLDC was justification for removal from the E-5 Promotion List.

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 would satisfy this requirement.

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

__sp___  ___rs___  ___ji____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047548	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.131	Prom E5	
2.		
3.		
4.		
5.		
6.