MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 May 2000                   
	DOCKET NUMBER:   AR1999033305

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller		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:  That his date of rank be changed from 1 June 1999 to 1 December 1998.

APPLICANT STATES:  That he met the cutoff score for promotion to Staff Sergeant (SSG), E-6 on 1 December 1998.  He did not go to the Basic          Non-Commissioned Officer Course (BNCOC) until 12 May 1999.  Effective          1 June 1999 conditional promotions went into effect once a soldier has met the cutoff score.

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

He enlisted in the Regular Army on 13 October 1993.  He was promoted to Sergeant (SGT), E-5 on 18 April 1997 in military occupational specialty 11B.  On an unknown date he was recommended for promotion to SSG.  On 1 December 1998 he met the cutoff score for promotion to SSG but could not be promoted because he had not attended BNCOC.

On 12 May 1999, the applicant started BNCOC.  On 1 June 1999, the applicant was promoted to SSG under the new conditional promotion authority.  On 1 July 1999, the applicant graduated from BNCOC.

Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  In pertinent part, it provides that soldiers are required to be graduates of BNCOC prior to promotion to SSG.  Soldiers are allowed to compete for promotion to SSG but cannot be promoted to SSG until completion of BNCOC.  Soldiers who met a cutoff score for SSG but were not BNCOC graduates would be promoted effective the date of graduation from BNCOC.  Military Personnel Message Number 99-164 issued 1 June 1999 provided that, effective 1 June 1999, promotable soldiers in the rank of SGT who met a cutoff score will be conditionally promoted to SSG the date they met the cutoff score, provided otherwise eligible.  Soldiers promoted to SSG without first graduating from BNCOC must attend and graduate from BNCOC within 12 months or as scheduled by the U. S. Total Army Personnel Command.  Promotable soldiers in the rank of SGT that were currently on the monthly SGT/SSG promotion selection name list and had not been promoted by 1 June 1999 because they required BNCOC would be promoted with an effective date and date of rank of 1 June 1999.

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.  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.

2.  The 1 June 1999 change to the regulation that authorized conditional promotions did not authorize retroactive promotions.  Promotable soldiers in the rank of SGT that were currently on the monthly SGT/SSG promotion selection name list and had not been promoted by 1 June 1999 because they required BNCOC would be promoted with an effective date and date of rank of 1 June 1999.  The applicant was so promoted effective 1 June 1999.

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

__jns___  __mds___  __mw____  DENY APPLICATION

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

INDEX

CASE ID	AR1999033305	
SUFFIX		
RECON		
DATE BOARDED	20000524	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.