PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 February 2001
	DOCKET NUMBER:   AR2000048299

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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, in effect, that his current date of rank (DOR) be changed from 1 January 2000 to 1 November 1999.   

3.  The applicant states, in effect, that his correct DOR is 1 November 1999 because the servicing Personnel Services Branch (PSB) entered his promotion points into the Enlisted Distribution and Assignment System (EDAS) two months late.  Had they not lost his reevaluation points and entered them on time, he would have made the promotion cut-off score before going to the Primary Leadership Development Course (PLDC) and would have been promoted in November 1999.

4.  The applicant’s military records show that he is currently serving on active duty with the 160th Special Operations Aviation Regiment (Airborne), Hunter Army Airfield, Georgia.  

5.  The applicant was initially recommended for promotion and placed on the promotion standing list in October 1997.  His record confirms that he satisfied the Noncommissioned Officer Education System (NCOES) prerequisite for promotion to sergeant (SGT) on 10 November 1999, when he successfully completed the Primary Leadership Development Course (PLDC).  

6.  On 3 January 2000, Order Number 3-86, was published by Headquarters, 
3rd Infantry Division (Mech), Fort Stewart, Georgia, which authorized the applicant’s promotion to SGT, with a promotion effective date and SGT DOR of 
1 January 2000. 

7.  In the processing of this case an advisory opinion was requested of and received from the Promotions Branch of the Total Army Personnel Command (PERSCOM).  This opinion indicates that a review of the applicant’s promotion packet revealed that the applicant did have a valid reevaluated promotion score that was not entered into the EDAS in a timely manner.  PERSCOM confirms that had the score been entered on time, the applicant’s name would have appeared on the November 1999 by-name promotion selection list.  

8.  PERSCOM also opined that the since the applicant completed PLDC, his NCOES prerequisite for promotion, on 10 November 1999, this would have been the proper date to establish as his promotion effective date and SGT DOR.  A copy of this advisory opinion was provided to the applicant in order to give him an opportunity for rebuttal, to date he has not responded.  

9.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotion and reduction system of the military personnel system.  Chapter 3 contains the policy and procedures pertaining to the Semi-Centralized Promotions to SGT and staff sergeant (SSG).

10.  Paragraph 3-20 contains guidance on promotion point reevaluations.  It states, in pertinent part, that a soldier who earns 20 additional points is eligible for an administrative reevaluation and adjustment to his promotion points.  Promotion scores received through the reevaluation process are effective for promotion on the first day of the second month following the date the new score is entered into the EDAS.  

11.  Military Personnel (MILPER) Message (MSG) NUMBER 99-162, dated 
1 May 1999, contains procedural changes to Army Regulation 600-8-19 and specifically to the promotion of soldiers to SGT who have meet a promotion 
cut-off score prior to graduating from PLDC.  It states, in pertinent part, that these soldiers will be promoted on the day they graduate from PLDC provided otherwise qualified and their promotion effective date and DOR will be the date of PLDC graduation. 

CONCLUSIONS:

1.  The Board concurs with the findings and recommendation advanced by PERSCOM in their advisory opinion, which is that the applicant’s promotion effective date and DOR to SGT should be established as 10 November 1999, the date he graduated from PLDC.  

2.  By regulation, an individual who meets a promotion cut-off score for SGT and had not yet completed the PLDC cannot be promoted until this military education requirement is fulfilled.  Once this is accomplished, the member will be promoted and the promotion effective date and SGT DOR will be the same date the member graduated from PLDC.

3.  The evidence if this case clearly establishes that the applicant met the promotion cut-off score for 1 November 1999; however, he did not graduate from the PLDC until 10 November 1999.  Therefore, the Board concludes that his promotion effective date and SGT DOR should be 10 November 1999 and that he should be provided all back pay and allowances due as a result.  

4.  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 changing the promotion effective date and SGT DOR on the individual concerned to 10 November 1999 and by providing him all back pay and allowances due as a result. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___sk ___  __tsk ___  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000048299	
SUFFIX		
RECON		
DATE BOARDED	2001/02/22	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.		
3.		
4.		
5.		
6.