MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            3 August 2000                  
	DOCKET NUMBER:   AR1999034879

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Orville W. Troesch, Jr.		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 her records be presented to a Enlisted Standby Advisory Board for consideration for selection to sergeant first class (SFC) under 1993 criteria.

APPLICANT STATES:  That through no fault of her own two Noncommissioned Officer Evaluation Reports (NCOER) were not processed properly and were not seen by the 26 October – 19 November 1993, SFC selection board.  She applied twice to the Total Army Personnel Command (PERSCOM) for Standby Advisory Board reconsideration; both requests were denied.  In support of her request she submits the two NCOERs in question and an Authorization for Temporary Duty Travel of Department of Defense Personnel form that shows she was on temporary assignment in Honduras from 21 April 1993 – 16 January 1994.

COUNSEL CONTENDS:  A counsel is listed, but no statement or documents were presented by counsel.

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

The applicant enlisted into the Regular Army on 26 December 1979, trained as a telecommunications center operator and achieved the rank of SFC.  She has served continuously since enlistment and is currently assigned to Fort Belvoir, Virginia.

On 3 September 1997, the Enlisted Records & Evaluation Center (EREC) informed PERSCOM that they received the applicant’s NCOER for the period October 1993 – January 1994 on 11 February 1994.  It was returned for a “gap error”.  The last report on file for the applicant was May 1992 (which meant the next NCOER received had to start with June 1992).

In 1993 there were two SFC selection boards with convening dates of 20 January 1993 and 26 October 1993.  The applicant signed her NCOER for the period: June 1992 – September 1993 on 27 January 1994 and her NCOER for the period October 1993 – January 1994 on 7 January 1994; meaning both reports were signed after the convening date of the boards.

On 1 October 1997 and again on 18 August 1998 PERSCOM disapproved the applicant’s requests for a Standby Advisory Board consideration. 

In the processing of this case, a staff advisory opinion was obtained from PERSCOM.  PERSCOM advised that the reasons the applicant states for the NCOERs not being received at EREC on time are irrelevant.  Even if the NCOERs had been processed properly neither report would have been filed by the 26 October 1993 convening date.

The advisory opinion was provided to the applicant with no response as of this date.

Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides, in pertinent part, that Standby Advisory Board consideration normally will be granted when an annual or change of rater NCOER was received at EREC early enough for processing and filing before the convening date of the promotion selection board, but was not reviewed by the Board.  75-days is allowed for processing after the through date of the report or the date the Personnel Service Battalion completes Part I, Section 1, for late reports.  NCOERs received at EREC prior to the convening date of the board and returned to the PSB for administrative reasons may be a basis for reconsideration.  The NCOER must be for a period of not less than six months. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The applicant’s NCOER for the period June 1992 – September 1993 was not signed until 27 January 1994.  The second 1993 SFC selection board convened in 26 October 1993.  The governing regulation states that only NCOERs that were processed prior to the convening date of the Board will be the basis for reconsideration.  The applicant’s NCOER clearly did not meet the standard for reconsideration.

2.  The NCOER for the period October 1993 - January 1994 was prepared well after the second 1993 SFC selection board had adjourned.  The Board finds that PERSCOMs denial of the applicant’s request for Standby Advisory Board reconsideration to be regularly correct and absent from any unfairness or injustice.

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___  ____esc_  ___owt __  DENY APPLICATION

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

INDEX

CASE ID	AR1999034879	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.