MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 March 2001
	DOCKET NUMBER:  AR2000049154

	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 was awarded 10 points for education improvement and promotion to staff sergeant, pay grade E-6, effective 1 July 2000.

APPLICANT STATES: In effect that his independent study courses qualified for promotion points.  He provides documentation in support of his request, including education credit from the Emergency Management Institute and the Lewis and Clark Community College.

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

On 30 April 1998, the applicant reenlisted for 4 years after completing 6 years,    6 months and 13 days of active duty.  He was promoted to sergeant, pay grade E-5, effective 1 April 1996.

On 16 January 2001, the Chief, Promotions Branch, Total Army Personnel Command (PERSCOM) confirmed the civilian education promotion points and recommended the request be denied.  One point was given for his one credit from the Lewis and Clark Community College, however, no credit was given for the Emergency Management Institute since that institution is not an accredited institution of postsecondary education.

On 22 January 2001, the Review Boards Agency forwarded the PERSCOM opinion to the applicant for his acknowledgment/rebuttal.

On 6 February 2001, the applicant submitted rebuttal.  

Army Regulation 600-8-19 (Enlisted Promotions and Reductions) indicates, in pertinent part, that additional promotion points may be awarded for completion of an accredited postsecondary course while on active duty.  

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(s), it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to award of 10 points for education improvement or promotion to staff sergeant.  He has not shown sufficient error, injustice, or inequity for the relief he is requesting.

2.  The Emergency Management Institute is not an accredited institution of postsecondary education and the credit hours applied as an evaluation are not valid for the 10 promotion points as education improvement.

3.  The applicant was entitled to only 1 promotion point for civilian education through the Lewis and Clark Community College.
4.  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.

5.  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	AR2000049154	
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	Promotion	
2.		
3.		
4.		
5.		
6.