PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            12 April 2000                  
	DOCKET NUMBER:    AR199903798

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Steuve		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 the retroactive reevaluation of his records and subsequent promotion to SSG.

3.  The applicant states, in essence, that the military educational credit points for completion of the Basic Noncommissioned Officers Course (BNCOC), for 30 points were not correctly added to his promotion record.  If these points had been correctly added he would have had 751 points for promotion in military occupational specialty (MOS) 02L (Saxophonist).  The announced promotion point cutoff score in his MOS was 748 for July 1999.  The applicant continues that he thought he had 706 promotion points, however he actually had 728.  After completing the BNCOC he submitted his course completion certificate to his unit’s personnel NCO.  When he reviewed the next promotion point report he noted that his points had risen and assumed the rise was caused by the adding of the points for completion of the BNCOC.  Once he acknowledged the point increased he had no reason to believe that the points he had earned from completing the BNCOC had not been added to his promotion packet.

4.  The applicant’s military records show that the applicant enlisted in the Regular Army on 1 March 1988 for a period of 3 years.  He remains on active duty as a saxophone player through a series of continuous reenlistment and was promoted to the pay grade of E-5 on 1 December 1992.

5.  The applicants military records show that on 22 July 1998 he had 728 promotion points, that on 3 December 1998 a DA Form 200, Transmittal Record, was prepared to transmit the applicant’s Service School Academic Evaluation Report (proof of BNCOC graduation) to the local enlisted records section of the Military Personnel Office on and that on 1 July 1999 the promotion cutoff score for MOS 02L was 748 points.

6.  The completion of the BNCOC was worth 30 promotion points and was not shown on the promotion point worksheet prepared in July 1998. The points for BNCOC were added August 1999, but because of Army policy would not have been counted towards promotion until 1 October 1999.

7.  In the processing of this case, an advisory opinion was obtained from the US Army Personnel Command (PERSCOM).  The advisory opinion was provided to the applicant with no response.  The advisory opinion concludes that the applicant did not request promotion reevaluation in writing on the promotion point worksheet, which requires his signature in the remark section, until August 1999. The applicant’s alleged claim of dropping off his Service School Academic Evaluation Record without completion of the required promotion point worksheet does not constitute a request for reevaluation, in accordance with Army Policy.  The applicant’s new promotion score (based on the August 1999 reevaluation) was effective 1 October 1999 and did not meet or exceed the cutoff score.  PERSCOM recommended the applicant’s request be denied.
8.  Army Regulation 600-8-19, at chapter 3, provides the requirements and procedures for promotion of soldiers to pay grades E-5 and E-6.  Essentially, the soldier, after appearing before a local promotion board, will be awarded a number of promotion points.  The soldier's name will be integrated into a local standing promotion list by military occupational specialty and the total number of promotion points awarded.  The DA announces promotion point cutoff scores each month, by MOS and grade, based on the needs of the Army.  If the soldier meets or exceeds the announced DA promotion point cutoff score, the local command will issue promotion orders effective the first day of the month for which the promotion point cutoff score is announced.  After the initial appearance before a local promotion board, soldier’s promotion points are recomputed and or reevaluated on an annual basis or when there has been a significant change in the number of promotion points earned.

CONCLUSIONS:

1.  Notwithstanding the PERSCOM advisory opinion, this Board is satisfied that the applicant has presented sufficient evidence to show that he earned 30 promotion points for graduation from the BNCOC in July 1998 and that by turning the Service School Academic Evaluation Record over to the unit’s personnel specialist he had taken reasonable action to have his records correctly reflect his promotion points.  His explanation as to why he did not discover the error in a more timely manner is also accepted.

2.  The Service School Academic Evaluation Report was added to the applicant’s personnel records, in December 1998, but was not added to his promotion point worksheet until August 1999, and then not counted towards promotion until 1 October 1999.  It is unfair that points properly earned would be denied for 15 months due to the absence of a signature on a promotion point worksheet.  If he had received the total 30 promotion points, he would have met the Department of the Army announced promotion cutoff score for promotion to SSG in MOS 02L for 1 July 1999, and if otherwise eligible, he would have been so promoted. 

3.  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:

a.   granting the individual concerned a December 1998 promotion point recomputation and that he be awarded an additional 30 promotion points for completion of BNCOC effective February 1998, as an exception to policy, with award of a total of 758 promotion points for this recomputation,
b.  that following the corrective action recommended above, and unless otherwise not qualified for promotion, that necessary administrative action be taken by PERSCOM to promote the individual concerned to the rank of SSG, pay grade E-6, in MOS 02L, effective 1 July 1999 with a date of rank from that date; and

c.  paying to him all back pay due.

BOARD VOTE:  

__rgh ___  ___bje __  ___jps __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Robert G. Hinkle_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999030798	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.131.10		
2.		
3.		
4.		
5.		
6.