MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 October 2002
	DOCKET NUMBER:  AR2002071842

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Melvin H. Meyer		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:  In effect, that he be allowed to retire in pay grade E-6, his highest grade held.

APPLICANT STATES:  That he was informed that he had taken all the courses required for his military occupational specialty (MOS) and that there was no Phase II course for his MOS.  In support of his application, he submits a copy of his course completion certificate for Basic Noncommisioned Officer Course (BNCOC) and his promotion and reduction orders.

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

He enlisted in the Regular Army on 11 May 1976 and continued to serve until he was honorably separated on 28 January 1993.  He was transferred to the US Army Reserve (USAR). 

The applicant provided a copy of his course completion certificate which shows that he completed Reserve Component BNCOC Phase I on 9 January 1994.

The applicant's DA Form 1059, dated 9 January 1994, shows that he attended BNCOC, Phase I, in MOS 54B20, during the period of 13 November 1993 to 9 January 1994, and achieved course standards.

On 17 March 1998, the Army Reserve Personnel Command (AR-PERSCOM) notified the applicant that he had completed the required years of service to be eligible for retired pay upon applicant's age at 60 (20-Year Letter).

He was promoted to staff sergeant (SSG/E-6) on 30 July 1998.

The applicant was reduced to the pay grade of E-5/SGT effective 5 January 2000, for failure to complete BNCOC.

He was transferred to the Retired Reserve on 24 February 2000.

Information available on the official Maneuver Support Center NCO Academy
Internet site pertaining to the Chemical BNCOC for active duty and USAR soldiers clearly states that the MOS of 54B is conducted in two Phases.  It also states that students must completed Phase I BNCOC before proceeding to Phase II BNCOC.  Additionally, the effective date of the Program of Instruction for the two Phase Reserve Component 54B BNCOC was 1 October 1992. 

Army Regulation 140-158 prescribes policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted soldiers 
of the USAR.  Chapter 7 governs grade reduction and restoration of USAR soldiers.  Paragraph 7-12d pertains to failure to meet conditional promotion NCO Education System (NCOES) requirements.  It states that a soldier who accepts 
a promotion with the condition that he or she must enroll in, and successfully complete, a specified NCOES course, and fails to meet those conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a "No Show," will be reduced to the grade and rank held prior to the conditional promotion.  

Paragraph 7-5 of the same regulation states that the date of rank (DOR) for restoration of USAR soldiers reduced in accordance with paragraph 7-12d will be the original DOR of the grade held before reduction.

Paragraph 8-19 of the same regulation pertains to conditional promotion to SGT through MSG.  It states that under promotion procedures of this regulation, a soldier may be promoted on the condition that he or she enroll in and successfully complete the course required for that grade.  If the grade requires the soldier to be a graduate of BNCOC, the soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of BNCOC within 24 months of the Phase I completion date.  An extra 12 months will be allowed for completion of each phase of BNCOC for courses with more than 
2 phases.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes that BNCOC for MOS of 54B was conducted in two Phases as early as 1 October 1992, and that students must complete Phase I before proceeding to Phase II.  The regulation stated that if the grade requires the soldier to be a graduate of BNCOC, the soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of BNCOC within 24 months of the Phase I completion date.  However, he completed BNCOC on 9 January 1994 and was promoted on 30 July 1998, without completing Phase II.

2.  The applicant is not entitled to restoration of his pay grade E-6 based on the facts and circumstances provided.  He was reduced for failure to complete BNCOC in accordance with Army Regulation 140-158, paragraph 7-12d.

3.  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.
4.  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

__jp____  __ja___  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071842	
SUFFIX		
RECON		
DATE BOARDED	20021008	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20000224	
DISCHARGE AUTHORITY	AR 140-10 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1023		
2.		
3.		
4.		
5.		
6.