MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           8 August 2002
	DOCKET NUMBER:   AR2002069664

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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 date of rank be changed from 1 June 1999 to 1 October 1998.

APPLICANT STATES:  In effect, that he met the cutoff score for promotion to staff sergeant (SSG), E-6 on 1 October 1998.  He was not properly scheduled for basic noncommissioned officer course (BNCOC) attendance.  Soldiers who were junior to him, by date of rank, were sent ahead of him.

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

He enlisted in the Regular Army on 13 October 1987 and is currently on active duty.  He was promoted to sergeant (SGT) on 1 December 1992 in military occupational specialty 43M (Fabric Repair Specialist).  On 1 October 1998, he met the cutoff score for promotion to SSG but could not be promoted because he had not attended BNCOC.  Effective 1 June 1999, conditional promotions went into effect once a soldier had met the cutoff score resulting in the applicant being conditionally promoted on 1 June 1999.

On 1 June 1999, the applicant was promoted to SSG under the new conditional promotion authority.  He started BNCOC on 12 July 2000 and graduated on 18 August 2000.

Army Regulation 600-8-19, Enlisted Promotions and Reductions, then in effect, provided that soldiers were required to be graduates of BNCOC prior to promotion to SSG.  Soldiers were allowed to compete for promotion to SSG but could not be promoted to SSG until completion of BNCOC.  Soldiers who met a cutoff score for SSG but were not BNCOC graduates were promoted effective the date of graduation from BNCOC.

Military Personnel Message Number 99-164 issued 1 June 1999 provided that, effective 1 June 1999, promotable soldiers in the rank of SGT who met a cutoff score will be conditionally promoted to SSG the date they met the cutoff score, provided otherwise eligible.  Soldiers promoted to SSG without first graduating 

from BNCOC must attend and graduate from BNCOC within 12 months or as scheduled by the U. S. Total Army Personnel Command.  Promotable soldiers in the rank of SGT that were currently on the monthly SGT/SSG promotion selection name list and had not been promoted by 1 June 1999 because they required BNCOC would be promoted with an effective date and date of rank of 1 June 1999.

In the processing of this case, an advisory opinion was obtained from the US Total Army Personnel Command (PERSCOM).  PERSCOM advised that the applicant met the 1 October 1998 cutoff score for 43M.  However, he was not fully qualified for promotion due to not being a BNCOC graduate, but was conditionally promoted on 1 June 1999.  Additionally the PERSCOM NCOES Branch validated that the applicant was scheduled for the BNCOC on 18 June 1996 but failed to attend due to undetermined reasons.  PERSCOM recommended that the applicant's request be denied.  The opinion was made available to the applicant for his response, however none has been received.

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.  The evidence available indicates the applicant was originally scheduled to attend BNCOC on 18 June 1996, but he did not attend until 10 July 2000. He asserts that the delay in his attendance was the result of improper actions taken by those responsible for scheduling.  The applicant provided no explanation of the circumstances or any evidence to support his assertion.  Therefore, in the absence of any evidence to the contrary, the Board must assume that the actions taken by the Army in his case were proper.

2.  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 that requirement.

3.  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

___mvt___  ___le___  ___rjw__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069664	
SUFFIX		
RECON		
DATE BOARDED	20020808	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.