PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:            20 January 2000                  
	DOCKET NUMBER:   AR1999031580

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis 		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, in effect, validation of his promotion to the rank of staff sergeant, pay grade E-6, effective 30 April 1998, with a date of rank from that date.   

3.  The applicant states, in essence, that the US Total Army Personnel Command (PERSCOM) approved his promotion to the rank of SSG, pay grade E-6, effective 30 April 1998, as an exception to policy, but that his command failed to implement the directive from the PERSCOM and did not promote him to the rank of SSG until 1 July 1998.  

4.  The applicant’s military records show that he was serving on active duty, with the rank of sergeant (SGT), pay grade E-5, in military occupational specialty (MOS) 11C2V (Infantry Indirect Fire Crewmember).  He was also a qualified Ranger and Parachutist and was assigned to the 2nd Battalion, 75th Ranger Battalion at Fort Lewis, Washington.  

5.  On 20 March 1998, he requested an exception to policy to promote the applicant to the rank of SSG, pay grade E-6, effective 1 May 1998.  He had met the Department of the Army announced promotion cutoff score for promotion effective 1 March 1998, however he was not qualified for promotion due to the fact that he was not a graduate of a Basic Noncommissioned Officer Course (BNCOC).  While not specified in the request, the applicant appears to have not been scheduled to attend the BNCOC until some date after the next class which met from 16 March-1 May (or 30 April) 1998.  His battalion concurred.  

6.  On 11 May 1998, the PERSCOM approved the request for exception to policy and specified that the applicant should be promoted to the rank of SSG effective 30 April 1998, provided he graduated from BNCOC on an unspecified date.  The promotion instrument was to contain a citation of the PERSCOM approval of the exception to policy.  

7.  Information available, in the form of the DA Form 1059 (Service School Academic Evaluation Report), indicates that the applicant did not attend the BNCOC until the Course 6-98, at Fort Benning, Georgia, which started on 
13 May and ended on 1 July 1998.  He achieved superior results and was a member of the Commandant’s List and received a physical fitness award.  

8.  On 17 July 1998, C Detachment, 22nd Personnel Services Battalion, Fort Lewis, Washington, published Orders 198-21, which promoted the applicant to pay grade E-6, effective 1 July 1998, with a date of rank from that date.  The order cited the DA Form 1059 and the DA announced promotion cutoff score effective 1 March 1998 as the basis for the promotion.  

9.  Army Regulation 600-8-19, in pertinent part, provides that in order for a soldier to be promoted to pay grade E-5, provided they are otherwise qualified, and meet the DA announced promotion point cutoff score for their grade and MOS, he or she must also be a graduate of a Primary Leadership Development Course (PLDC). This requirement became effective 1 October 1989.  Further, effective 1 October 1992, a soldier must be a graduate of BNCOC to be eligible for promotion to the rank of SSG.  In either case, even if a soldier meets a promotion cutoff score announced by the DA, they cannot be promoted to the next higher rank any earlier than the date of graduation from the PLDC/BNCOC.  

10.  The PERSCOM is authorized to grant exceptions to this policy when the soldier cannot or is not able to attend a PLDC/BNCOC through no fault of their own such as operational requirements, nonavailability of class quotas, illness and other such reasons.

CONCLUSIONS:

1.  Evidence of record indicates that the applicant’s request for an earlier promotion date to the rank of SSG was approved by the PERSCOM, as an exception to policy, on 11 May 1998, with a specified promotion date of 30 April 1998, provided he graduated from a BNCOC.   

2.  He graduated from a BNCOC on 1 July 1998.  

3.  For reasons unknown, the applicant’s local command failed to follow the instructions of the PERSCOM and did not promote the applicant until 1 July 1998. 

4.  This is in error and should be corrected, with a directed retroactive promotion to the rank of SSG effective 30 April 1998, with a date of rank from that date, as an exception to policy based upon the approval of the PERSCOM on 11 May 1998.  

5.  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 showing that the individual concerned was promoted to the rank of SSG, pay grade E-6, effective 30 April 1998, with a date of rank from that date, as an exception to policy, as approved by the PERSCOM on 11 May 1998. 

BOARD VOTE:  

__RGH_  __GFG__  __BJE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ROBERT G. HINKLE____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031580	
SUFFIX		
RECON		
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	DASA	
ISSUES         1.	131.04	
2.	131.05	
3.		
4.		
5.		
6.