MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 April 2000
	DOCKET NUMBER:   AR1999031306

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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 she be promoted to the rank of sergeant/E-5.

APPLICANT STATES:  That she was medically retired from the Army on 5 March 1999 after having served on active duty for almost 7 years.  At the time of her retirement she was serving in the rank of specialist/E-4 (SP4) and was on the 
E-5 promotion standing list.  She indicates that she had all the awards she could obtain for promotion purposes and had performed extremely well in positions of responsibility as a SP4.  These positions included noncommissioned officer in charge (NCOIC) of a turn-in and receiving section of a warehouse; NCOIC of a PLL and TAMMS section; and squad leader.  She also states that she was responsible for managing a budget of a ½ million dollars and always accounted for every cent.  

She indicates that when she was promoted to SP4 in 1994 she was in Korea and she was outranked by so many people that she did not get the opportunity to attend the Primary Leadership Development Course (PLDC).  When she was reassigned to Fort Bragg, North Carolina in 1995 she was again placed in a low priority for attendance to PLDC because she was having medical problems and always remained on a profile, even thought she continued to do her job.  

In January 1996, she reenlisted and at that time felt good enough to go to PLDC; however, even though people who outranked her were attending, there were no available spaces for her.  In February 1996, she went before the E-5 promotion selection board and attained a score of 199 points out of a possible 200 points, she scored higher than 18 other soldiers who went before the same board.  She claims to have attained the cut-off score for promotion 3 months later, but was unable to attend PLDC because she was in college fulltime at the time, as a result of her reenlistment option, and she was experiencing medical problems which resulted in her going back on profile.  

She was again assigned to Korea in December 1996 and admits that she did not get along with her chain of command on this assignment.  She indicates that she had to write to her member of Congress in regard to many terrible things being done by her commanding officer, which resulted in all her privileges being revoked.  

At this time her health began to deteriorate and she began the process which led to her medical discharge.  Her first sergeant attempted to obtain a waiver of the PLDC graduation promotion requirement at this time, but she was medically retired before it was approved.  She continued to attempt to get promoted through the personnel system but was told that she was out of the Army and could not receive this waiver and be promoted.

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

The Official Military Personnel File (OMPF) available to this Board contained very limited information and no specific documentation in regard to the applicant’s promotion status, to include whether or not a promotion waiver of the requirement for her to complete PLDC was ever an option considered by the chain of command.  In addition, there is no information in the record in regard to the circumstances surrounding her nonattendance at the PLDC.  The applicant did provide copies of some promotion documents which were used by the Board in its evaluation of this case.  

The applicant entered the Regular Army on 20 July 1992 and continuously served on active duty for 6 years, 7 months, and 15 days, until being separated on 4 March 1999, by reason of temporary disability.  On 5 March 1999, she was placed on the Temporary Disability Retired List (TDRL), which is the status she currently holds.  

The applicant appeared before an E-5 promotion board on 9 January 1996, and was recommended for promotion after attaining a board score of 199 points.  She was placed in the promotion standing list with a total of 592 points.  On 
10 September 1996, her total promotion points were adjusted up to 631 points.  

The applicant has provided a memorandum from a military personnel technician, dated 2 October 1996, which indicates that she met the promotion cut-off score for promotion to SGT in October 1996; however, given she had not completed the PLDC her promotion would be held in abeyance until she graduated from the course.  

On 3 December 1997, the Chief of Patient Administration of the 18th Medical Command, in Korea, published a memorandum which advised the applicant’s unit commander that she had been medically evacuated to Fort Bragg, North Carolina for hospitalization and medical evaluation.  

The evidence of record is silent on the circumstances surrounding the applicant’s nonattendance at PLDC during the period from October 1996 until her separation in 1999.  There is no indication in the available evidence to show that the applicant was either qualified or attempted to attend the PLDC between the time she became eligible for promotion and the time she was separated.  In addition, the available records contain no evidence that a promotion waiver, of the PLDC completion requirement, was being processed on the applicant at the time of her separation processing or that she met the criteria necessary to obtain this waiver. 

Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system.  Chapter 3 (Semi-Centralized Promotions) governs the SGT and staff sergeant (SSG) promotion system.  Table 3-2 outlines eligibility criteria for promotion to SGT.  It states, in pertinent part, that graduation from the PLDC is a prerequisite for promotion to SGT.  

Paragraph 3-34 (Rules for Processing Monthly Promotion Point Cutoff Scores) sub-paragraph k (3) states, in pertinent part, that soldiers are required to be graduates of the PLDC prior to promotion to SGT.  Soldiers are allowed to compete for promotion to SGT but cannot be promoted to SGT until they complete the PLDC.  Soldiers who meet a cutoff score for SGT, but are not PLDC graduates, would be promoted on the first day of the month following completion of PLDC. 

The regulation allows for waivers of attendance at the PLDC for those soldiers who have met or exceeded an announced cutoff score and are fully qualified but have not yet completed the course.  In order to qualify for a waiver, a soldier must have met one of the following criteria:  operational deployments: attendance at other institutional training that prevents attending the PLDC; or insufficient training capacity.  

PLDC waiver processing requires that prior to submitting a waiver to the Army Personnel Command (PERSCOM), the local personnel officer must verify that the soldier has met an announced cutoff score; that the soldiers name appears on the by-name monthly promotion list; and that the soldier is fully qualified (Army Physical Fitness Test (APFT)/height, weight and medical requirements) to attend the course.  

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.  After carefully examining the available records and the independent evidence submitted by the applicant, the Board found no evidence to support the applicant’s contention that she was being processed for a waiver of the PLDC completion requirement for promotion.  Further, the Board was unable to find a factual basis to determine that a promotion waiver would have been in order in this case.

2.   The evidence of record is also void of any information that would allow the Board to conclude that the applicant was medically or otherwise qualified long enough to attend and successfully complete PLDC during the period between October 1996, when she met the cutoff score for promotion, and her separation in March 1999.  Therefore, the Board found the relief requested by the applicant is not warranted.  

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 the aforementioned 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

___rgh__  ___jps___  ___be___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031306	
SUFFIX		
RECON		
DATE BOARDED	2000/04/12	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1999/03/04	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	Temporary Disability Retired List (TDRL)	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 319	131.0900	
2.		
3.		
4.		
5.		
6.