MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 April 2002                   
	DOCKET NUMBER:   AR2001066094

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John T. Meixell		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 records be corrected to show he was promoted to Sergeant (SGT), E-5 with an effective date of 1 December 2000.

APPLICANT STATES:  That he was recommended for promotion to SGT on       3 October 2000.  He met the cut off score for promotion effective 1 December 2000.  He was hospitalized due to a severe head injury from 23 November through 14 December 2000.  He was placed on convalescent leave from           14 February through 4 September 2001.  His command at Fort Stewart, GA lost his records and his promotion packet.  They were found and sent to his new unit at Fort Knox, KY about two weeks prior to his discharge.  He was denied promotion due to not meeting the service remaining requirement.  Supporting evidence is as listed on the DD Form 149.

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

He enlisted in the Regular Army on 10 August 1995.  He was promoted to Specialist, E-4 on 10 October 1997.

The applicant appeared before a SGT promotion board on 3 October 2000.

A 15 November 2000 memorandum from the Fort Stewart, GA Personnel Management Officer to the applicant’s unit notified his unit that the applicant met or exceeded the announced cutoff score for promotion to SGT for 1 December 2001.  However, it appeared he had not completed the Primary Leadership Development Course (PLDC) and so could not be promoted.  He was requested to provided the Academic Evaluation Report, DA Form 1059, if he had completed PLDC so promotion orders could be issued.  If he had not completed PLDC, every effort should be made to ensure he completed that requirement as soon as possible.  He would then be promoted effective upon his graduation from PLDC.

On 23 November 2000, the applicant was injured in an automobile accident     and hospitalized at a military treatment facility from 23 November through         20 December 2000 and in a Department of Veterans Affairs facility from               20 December 2000 through 14 February 2001.  He was on convalescent leave from 14 February through 4 September 2001 after which he reported to the U. S. Army Medical Department Holding Detachment, Fort Knox, KY.  

On 8 December 2001, the applicant was discharged by reason of a physical disability and placed on the Temporary Disability Retired List on 9 December 2001 with a 40 percent disability rating.  

In the processing of this case, an advisory opinion was obtained from the Promotions Branch, U. S. Total Army Personnel Command.  That office recommended disapproval of the applicant’s request.  It noted that the applicant was not fully qualified for promotion on 1 December 2000 because he did not meet the noncommissioned officer education system (NCOES) requirement for promotion.  Additionally, once the decision was made to medically retire the applicant he became ineligible for promotion.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  Chapter 3 discusses semi-centralized promotions to SGT and Staff Sergeant, E-6.  Paragraph 3-11 discusses eligibility criteria for recommendation and for promotion.  Table 3-3, recommendation criteria, does not require a specific military education level for recommendation for promotion to SGT.  Table 3-4, promotion criteria, requires completion of resident PLDC or higher for promotion to SGT.  Paragraph 3-31 discusses rules for removing a soldier from a recommended list.  Subparagraph 3-31b(4)(c) provides that a soldier will be immediately removed from a recommended list when undergoing proceedings that may result in discharge.  Soldiers processing for medical evaluation will remain on the recommended list unless separated.  Paragraph 3-39a states that the service remaining requirement is 6 months for promotion to SGT.

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 this requirement.

2.  There is no evidence of record and the applicant provides none to show he completed PLDC, a requirement for promotion to SGT, prior to the date he met the cutoff score for promotion to SGT, 1 December 2000.  Unfortunately, he was severely injured on 23 November 2000, preventing his future attendance at PLDC.  He was not eligible for promotion on 1 December 2000 and he was properly removed from the recommended promotion list upon his physical disability retirement.

3.  Regrettably, 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

__inw___  __mmd___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001066094	
SUFFIX		
RECON		
DATE BOARDED	20020416	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.02	
3.	131.04	
4.		
5.		
6.