PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 February 2001
	DOCKET NUMBER:   AR2000049158

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. 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 (DOR) to sergeant be adjusted from 1 June 2000 to 14 April 2000

3.  The applicant states that the servicing personnel services battalion did not enter his promotion points into the enlisted distribution system (EDAS) within the same month and year of the promotion board, that being February 2000.  This resulted in his promotion points not being recorded in time to allow him to compete for promotion against the April 2000 cut-off scores.  In support of his application he provides copies of his promotion points worksheet with supporting documentation, as well as a copy of his promotion orders, service school academic evaluation report (AER), and memorandum from the servicing personnel support battalion supporting the applicant’s request.

4.  The applicant’s military records show that at the time of his application he was on active duty, serving in the rank of sergeant with a DOR of 1 June 2000.

5.  On 6 January 2000 the applicant’s commander recommended him for promotion to sergeant in his military occupational specialty 11M.  He appeared before the promotion board on 15 February 2000 and obtained a promotion board score of 516 points.  He was recommended for promotion by a majority of the voting promotion board members.  The promotion authority approved the promotion board proceedings on the same day.

6.  The applicant commenced training at the Primary Leadership Development Course (PLDC) on 16 March 2000.  He successfully completed all requirements and graduated on 14 April 2000 in the top twenty percent of his class and was placed on the Commandant’s List.

7.  The April 2000 promotion cut-off scores for promotion to sergeant in MOS 11M were listed as 450 points in both the primary and secondary zone.

8.  The 15th Personnel Services Battalion published Orders 143-203, dated       22 May 2000, promoting the applicant to the rank of sergeant with an effective date and DOR of 1 June 2000.

9.  In the processing of this case, the staff of the Board obtained an advisory opinion from the Chief, Promotions Branch, United States Total Army Personnel Command (PERSCOM).  It opined that the applicant’s promotion score should have been entered into EDAS in February 2000 and that he should have been promoted to sergeant with an effective date and DOR of 14 April 2000.  The applicant was provided a copy of the advisory opinion for his information and opportunity to provide a rebuttal.  The Board has not received a response.

10.  Army Regulation 600-8-19 prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Paragraph 3-2a(2) provides that promotion point scores will be entered into the EDAS database in the same month that the promotion board is held and approved.  It further states at paragraph 3-2a(4) that the Promotions Work Center will identify promotees, verify eligibility and issue orders two months after the promotion board.

11.  Interim change 101 to that regulation provides at paragraph 3-34k(3) that soldiers are required to be graduates of PLDC prior to promotion to sergeant.  Soldiers are allowed to compete for promotion to sergeant but cannot be promoted until completion of PLDC.  Soldiers who met a cut-off score, but were not graduates of PLDC, will be promoted on the date they successfully complete the course, provided they are otherwise qualified.  Effective date and DOR will be the date of graduation.

12.  Paragraph 1-23 of that regulation further provides that promotion certificates for soldiers promoted to specialist and above will be prepared by the unit or battalion personnel officer for signature by the promotion authority.

CONCLUSIONS:

1.  The applicant was properly recommended for promotion to sergeant, competed before the board, and was recommended for promotion by a majority of the board members.

2.  Regulatory guidance clearly requires the servicing personnel service battalion to post promotion board scores into EDAS during the same month that the board was held, and to identify and promote all individuals who meet the cut-off score in the second month, or subsequent months, following the board.  This clearly was not accomplished.

3.  The applicant met the April 2000 cut-off score for his MOS and was entitled to promotion to sergeant.  Since he had not completed PLDC until 14 April 2000, that should have been the effective date and DOR to sergeant.

4.  Because the personnel servicing battalion was late in posting EDAS with the applicant’s promotion scores, he was not promoted until 1 June 2000, which was most likely based upon the cut-off scores for the month of May 2000.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending his current promotion orders to correct his effective date and DOR to read 14 April 2000, and by issuing a new promotion certificate reflecting his corrected date of promotion.

BOARD VOTE:  

__JNS___  __MHM_  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049158	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
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.	131.04	
2.	131.05	
3.		
4.		
5.		
6.