PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 September 2002
	DOCKET NUMBER:   AR2002070889

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Karen Y. Fletcher		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 to Sergeant First Class (SFC), E-7 be reinstated as 1 June 2001.

3.  The applicant states he was administratively removed from the calendar year 2000 SFC Promotion List through no fault of his own.

4.  The applicant’s military records show that he enlisted in the Regular Army on    29 June 1990.  

5.  The applicant was scheduled to attend the Advanced Noncommissioned Officer Course (ANCOC) scheduled to start 2 May 2001.  He injured his back in April 2001 and was placed on temporary profile.  On 1 May 2001, his unit requested he be withdrawn from his scheduled ANCOC class and that he be rescheduled at a later date in order to allow him more time to recover from his injury.  

6.  Orders issued 14 May 2001 promoted the applicant to SFC effective 1 June 2001 conditional upon his completing ANCOC.  The request to withdraw him from the May 2001 ANCOC class and reschedule him to a later class apparently was not received by the appropriate office prior to the start of the class.  He was informed that due to his failure to attend his scheduled ANCOC he was administratively removed from the SFC Promotion List.  His promotion orders were revoked.

7.  On 12 December 2001, the applicant's commander requested the applicant be reinstated on the SFC Promotion List as he failed to attend through no fault of his own and attempts had been made to reschedule him prior to the start date of the     2 May 2001 ANCOC class.  On 4 February 2002, the U. S. Total Army Personnel Command (PERSCOM) reinstated him on the SFC Promotion List and reminded the applicant's commander that promotion linkage required successful completion of ANCOC.  

8.  The applicant was rescheduled for ANCOC and completed the course on            8 August 2002.  Orders issued 16 September 2002 promoted him to SFC effective   8 August 2002 with a date of rank of 8 August 2002.

9.  Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  In pertinent part, it states that effective     1 October 1993 the Army linked Noncommissioned Officer Education System (NCOES) to promotion to Staff Sergeant (SSG), SFC, and Sergeant Major (SGM).  A soldier must be an ANCOC graduate for promotion to SFC.  Soldiers selected for promotion to SSG, SFC, and SGM, but have not met the NCOES requirement, will be promoted conditionally.  Soldiers who fail to successfully complete or do not attend their scheduled NCOES class will be administratively reduced and removed from the list.  Provided otherwise eligible, those soldiers will recompete to regain promotable status.  Soldiers who have previously failed or failed to attend a scheduled NCOES class are not entitled to receive future conditional promotions to the same grade.  

CONCLUSIONS:

1.  There is an injustice in this case.  The applicant was promoted to SFC conditional upon his successfully completing ANCOC.  He was scheduled to attend ANCOC beginning 2 May 2001.  He had injured his back in April 2001 and on 1 May 2001 his unit requested he be rescheduled for a later ANCOC.  This undoubtedly was too late to remove his name from the 2 May 2001 ANCOC course so it appeared he was a NO-SHOW to that course.  He was administratively removed from the SFC Promotion List and his promotion orders were revoked.  

2.  It appears PERSCOM recognized his failure to attend ANCOC was through no fault of his own and reinstated him on the SFC Promotion List.  He was then rescheduled for and successfully completed ANCOC on 8 August 2002.  However, by regulation conditional promotions are made only once.  His second promotion to SFC became effective the date he successfully completed ANCOC, 8 August 2002, rather than date he originally came due for promotion, 1 June 2001.

3.  Since the applicant did not fail to attend his originally-scheduled ANCOC class through his own fault, it would be equitable to show that he was promoted to SFC effective 1 June 2001 with a date of rank of 1 June 2001.

4.  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 showing the applicant was promoted to SFC effective 1 June 2001 with a date of rank of 1 June 2001.

BOARD VOTE:  

__RVO__  __RJW__  __KYF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002070889	
SUFFIX		
RECON		
DATE BOARDED	2002/09/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	FULL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.	131.05	
3.		
4.		
5.		
6.