PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 August 2002
	DOCKET NUMBER:   AR2002071280

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 the effective date of his reclassification to military occupational specialty (MOS) 31S be changed to 30 June 1995; that the effective date of his promotion and date of rank (DOR) to staff sergeant/E-6 be adjusted accordingly; and that he be considered for promotion to sergeant first class/E-7 (SFC/E-7).     

3.  The applicant states, in effect, that he was erroneously and unjustly denied reclassification into MOS 31S when his original MOS of 31M was converted on 30 June 1995.  In addition, he claims that the effective date and DOR of his promotion to SSG/E-6 should be changed to reflect the date he would have been promoted had he been competing in MOS 31S since June 1995.  The applicant indicates that in April 1999, he discovered that the original guidance contained in Department of the Army (DA) Circular 611-94-2, governing the conversion of his original MOS, stipulated that all soldiers who held the MOS 31M with the additional skill identifier (ASI) of 7A, and who had an aptitude area EL score of 110 or above would be reclassified into MOS 31S and further identified with the transition ASI of Y2.  The guidance further indicated that upon successful completion of the Satellite Communications Systems Operator-Maintainer course, ASI Y2, would be withdrawn.  In addition, it was indicated that all personnel reclassification actions would be completed between 1 May and 
30 June 1995.  He claims that he began working in the field of Satellite communications in 1987, and his aptitude scores upon entering the Army included a GT score of 126 and an EL score of 130.  Based on his qualifications, he contends he should have been converted into MOS 31S on 30 June 1995.  He also comments that in June 1996, after much effort on his part and on the part of his chain of command, he was reassigned to Fort Gordon, Georgia, to attend the 31S course, and he graduated from the course and became a 31S on 5 June 1997.  He also indicates that the reason he is requesting a change to the date of his reclassification is promotion opportunity.  He was promoted to 
SSG/E-6 in MOS 31S on 1 July 1999.  He claims that had he been reclassified on time, he would have been promoted much earlier and he would have already been considered for promotion to SFC/E-7.  

4.  The applicant’s military records show that on the date of his application to this Board, he was serving on active duty as a SSG/E-6, in MOS 31S, at Fort Gordon, Georgia.  

5.  In January 1995, Department of the Army (DA) announced the conversion of MOS 31M to either MOS 31S or 31R.  The effective date of the conversion was established as 30 June 1995.  

6.  In April 1995, the applicant was recommended for promotion to SSG/E-6 in MOS 31M.  In June 1995, he was on the promotion standing list with 677 promotion points.  
7.  On 30 June 1995, the effective date of the MOS conversion, the applicant was reclassified into MOS 31R20P7.  At this time, he was informed that he would not be reclassified into MOS 31S until he completed the 31S course at Fort Gordon, which he would be scheduled to attend upon his permanent change of station upon the completion of his overseas tour.  

8.  On 9 July 1997, Orders Number 190-00288, published by Headquarters, United States Army Signal Center and Fort Gordon, awarded the applicant the primary MOS 31S200000 and the secondary MOS 31R200000 and withdrew the primary MOS 31R2PP700, effective 5 June 1997.  

9.  On 24 June 1999, Orders Number 175-00256, published by Headquarters, United States Army Signal Center and Fort Gordon, promoted the applicant to SSG/E-6 in MOS 31S3HP700.  The effective date of his SSG/E-6 promotion and DOR was established as 1 July 1999.  

10.  In connection with the processing of this case, an advisory opinion was requested of and received from the Chief, Reclassification Management Branch, Total Army Personnel Command (PERSCOM), dated 2 July 2002.  It indicates that DA guidance on the conversion of MOS 31M stipulated that soldiers who possessed the primary MOS of 31M with an ASI of 7A, and who had an aptitude area EL score of 110 or above, would be converted to MOS 31S and further identified with a transition ASI of Y2.  The applicant met all these requirements at the time of the MOS conversion and should have been converted to MOS 31S with the ASI of Y2 at that time.  The applicant was provided a copy of this advisory opinion on 12 July 2002 in order to have the opportunity to respond.  To date, he has failed to reply.  

11.  Department of the Army Circular 611-94-2 (Implementation of Changes to the Military Occupational Classification and Structure), dated 27 January 1995, announced the conversion of MOS 31M to either MOS 31S or 31R.  It stipulated that soldiers who held the MOS 31M with the ASI 7A, who had an aptitude area EL score of 110 and above, would be reclassified into MOS 31S and further identified with the transition ASI of Y2.  On 2 December 1999, the Board ruled favorably on a similar case.  The findings and conclusions in this case are outlined in decisional document number AR1999029052.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should have been reclassified into MOS 31S on 30 June 1995, and it finds this claim has merit. 

2.  The evidence of record confirms that the applicant met the MOS conversion prerequisites established by DA and should have been reclassified into MOS 31S on 30 June 1995.  This evidence is further supported by the findings and recommendations contained in the PERSCOM advisory opinion.  

3.  In view of the facts of this case, the Board concludes that it would be appropriate at this time to correct the effective date of the applicant’s reclassification into MOS 31S to 30 June 1995.  

4.  The applicant’s record also shows that he was on a SSG/E-6 promotion standing list with 677 promotion points as of June 1995.  Therefore, the Board also concludes that it would be appropriate to correct his SSG/E-6 promotion effective date and DOR to coincide with the first date that he would have met the promotion cut-off score for promotion to SSG/E-6 in MOS 31S after 30 June 1995, the corrected effective date of his reclassification.  

5.  If the corrections recommended in the preceding paragraphs result in the applicant receiving an earlier SSG/E-6 promotion effective date and DOR, the Board also concludes that it would be appropriate to provide him any 
SSG/E-6 back pay and allowances due as a result.  

6.  In addition, if the applicant receives a SSG/E-6 DOR correction that would have placed him in a promotion zone for consideration for promotion to SFC/E-7, his records should be placed before a  Stand-By Advisory Board (STAB).  The STAB should consider him for promotion to SFC/E-7 under the criteria used by any SFC/E-7 promotion selection board that would have considered him for promotion had he been timely reclassified to MOS 31S and promoted to 
SSG/E-6.  

7.  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 changing the effective date of the reclassification of the individual concerned into MOS 31S to 30 June 1995; by correcting his SSG/E-6 promotion effective date and DOR to the first date that he would have met the promotion cut-off score for promotion to SSG/E-6 in MOS 31S after 30 June 1995, and if this results in an earlier SSG/E-6 promotion effective date, by providing him any back pay and allowances due as a result; and by placing his records before a STAB for consideration for promotion to SFC/E-7 under the criteria used by any 
SFC/E-7 promotion selection board that would had considered him for promotion had he been timely reclassified and promoted to SSG/E-6, and if selected for promotion to SFC/E-7, by providing any back pay and allowances due as a result.  

BOARD VOTE:  

__FNE__  __ TSK  _  __LEM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR2002071280	
SUFFIX		
RECON		
DATE BOARDED	2002/08/13	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  6	100.0500	
2.		
3.		
4.		
5.		
6.