MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 JANUARY 2003                  
	DOCKET NUMBER:   AR2002074099

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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 his effective date and date of rank of his promotion to pay grade E-5 be adjusted from 1 April 2002 to 1 July 1998.  

APPLICANT STATES:  That he should have been promoted in 1998.  He would like to enter the warrant officer program.  He has been in the Army for seven years and NCOs have been holding him back from attaining his goals.  

The applicant submits promotion board proceeding documents showing that he was selected for promotion to sergeant E-5 in 1998, and that he was placed on a recommended list for promotion.   

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

The applicant served in the Reserve Components prior to his enlistment in the Army for three years in pay grade E-4 on 8 July 1997.  

On 9 April 1998 he appeared before a promotion board and was recommended for promotion to sergeant E-5.

In a 17 June 1998 memorandum the applicant’s battalion commander was informed by the 24th Personnel Service Battalion that the applicant met or exceeded the announced cutoff score for promotion to sergeant for July 1998, but also indicated that the applicant had not completed the Primary Leadership Development Course (PLDC), a requirement for promotion to sergeant.  His commander was informed that the applicant would be promoted upon completion of the course, if otherwise qualified.

A 14 June 1999 promotion point update shows that the applicant was flagged on 9 February 1999.

The applicant completed PLDC on 22 May 2002.      

A 9 September 2002 computer printout shows that he was promoted to sergeant on 1 April 2002.

In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  That command stated that while the applicant did meet the 1 July 1998 cutoff score for promotion in his specialty he had not completed PLDC, a requirement for promotion; additionally, he was on the overweight program from 9 February 1999 until 14 August 2000, requiring his removal from the recommended promotion list.  PERSCOM indicated that he again appeared before a promotion board, [recommended for promotion], and then conditionally promoted on 1 April 2002.  PERSCOM recommended that his request be denied.

On 30 September 2002 the applicant was furnished a copy of the advisory opinion for his information and possible rebuttal.  He failed to respond.

Army Regulation 600-8-19, then in effect, prescribes the policy for promotion of enlisted personnel, and states that promotable soldiers in the rank of specialist/corporal are required to be graduates of PLDC prior to promotion to sergeant.  That regulation also states that a soldier in the Army weight control program will be immediately removed from a promotion recommended list.

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 applicant had not completed PLDC in 1998 and could not be promoted.  Apparently from early on in 1999 he was flagged for being overweight, causing his removal from the promotion list.  He was later reinstated upon being recommended for promotion, and subsequently promoted.  Notwithstanding the applicant’s contention, there has been no wrong done to him.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
 
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

__MKP__  __JLP___  __MMB__  DENY APPLICATION

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

INDEX

CASE ID	AR2002074099	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.