PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 October 2003     
	DOCKET NUMBER:  AR2003085442

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. Robert Duecaster		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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show her rank as Staff Sergeant.

3.  The applicant makes no additional statement.  She provides two DD Forms 214 (Certificates of Release or Discharge from Active Duty) and a promotion order as supporting evidence.

4.  The applicant’s military records show that, after having had prior service in the Regular Army, she enlisted in the U. S. Army Reserve on an unknown date.

5.  On 9 October 2001, the applicant was ordered to active duty.  She was conditionally promoted to Staff Sergeant, E-6 on Headquarters, 327th Military Police Battalion Orders 066-11 dated 7 March 2002 with an effective date of        1 March 2002.

6.  On 10 August 2002, the applicant was released from active duty.  Her         DD Form 214 for the period ending 10 August 2002 shows her rank and grade  as Sergeant, E-5 (in items 4a and 4b) and her date of rank as 1 July 1999 (in item 12h).

7.  Around February 2003, the applicant and her unit were ordered to active duty.

8.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), paragraph 8-2 states that a noncommissioned officer (NCO) must be a graduate of the educational course required by the NCO Educational System (NCOES) for his or her current grade.  A soldier with the rank of Staff Sergeant must be a graduate of the Basic NCO Course (BNCOC).

9.  Army Regulation 140-158, paragraph 8-19 states that a soldier may be promoted to Sergeant through Master Sergeant on the condition he or she enroll in and successfully complete the course required for that grade.  If the grade requires the soldier 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.

10.  Army Regulation 140-158, paragraph 8-21 states that a conditionally promoted soldier will be authorized a delay for enrollment in or completion of a required NCOES course for a number of reasons, including when called to active duty by the President under a Selected Reserve call up.

CONCLUSIONS:

1.  The evidence of record shows the applicant was conditionally promoted to Staff Sergeant, E-6 effective 1 March 2002, while she was on active duty.  Although she had not completed BNCOC by time she was released from active duty on 10 August 2002, she was a Staff Sergeant and she had 1 year from March 2002 in which to enroll in BNCOC.

2.  The applicant's DD Form 214 for the period ending 10 August 2002 erroneously shows her rank and grade as Sergeant, E-5 and her date of rank as 1 July 1999.  It should be amended to show her rank and grade as Staff Sergeant, E-6 and her date of rank as 1 March 2002.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant's DD Form 214 for the period ending 10 August 2002 be amended to show her rank and grade as Staff Sergeant, E-6 and her date of rank as 1 March 2002.

BOARD VOTE:  

__fne___  __sp____  __rd____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085442	
SUFFIX		
RECON		
DATE BOARDED	20031007	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.