MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 January 2003                  
	DOCKET NUMBER:   AR2002073132

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Tracey L. Pinson		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 her date of rank as a sergeant (E-5) be changed from 1 December 2001 to 1 November 2001. 

APPLICANT STATES:  That her chain of command failed to process her conditional promotion in a timely manner.

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

She was serving on active duty as a specialist (E-4) when her name appeared on the 1 November 2001 promotion list.  She was not fully qualified for promotion because she had not completed the Primary Leadership Development Course (PLDC) however, she could be conditionally promoted.  

On 7 November 2001 the applicant was counseled about the ramifications of conditional promotion and the fact that, should she not become educationally qualified within 12 months she would be administratively reduced and would have to pay back the difference in pay.  Furthermore, it was noted that timely completion of PLDC was unlikely because she would be engaged in MOS (Military Occupational Specialty) re-training.  Therefore, a waiver request from her command would be required and her command might not make the request or the Total Army Personnel Command (PERSCOM) might not approve such a request.  An email, included in the counseling statement, notes that it was too late to promote the applicant before 1 December 2001.

During the processing of this case, an advisory opinion was obtained from the PERSCOM, Deputy Chief, Promotions Branch.  It noted that the applicant could have been promoted on 1 November 2001 but that the command had made no such request.  Denial of her request was recommended. 

A 17 July 2001 letter from the Army Review Boards Agency provided the advisory to the applicant for rebuttal.  She failed to respond.  

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, it is concluded:

1.  There is no available evidence to substantiate the applicant's contention that the one-month delay in her conditional promotion was caused by the command's failure to take timely action.  Furthermore, considering that she would have been administratively reduced to pay grade E-4 if she had not completed PLDC within 12 months, the delay may have worked to her advantage.  

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 this 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

____KAK__  ___MHM    __TLP_  DENY APPLICATION

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

INDEX

CASE ID	AR2002073132	
SUFFIX		
RECON		
DATE BOARDED	20030128	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.