PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 September 2002   
	DOCKET NUMBER:   AR2002077434

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman		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 reconsideration of his previous application to correct his military records by showing that his staff sergeant (SSG) date of rank (DOR) is 1 March 1997 not 1 May 1997, as determined by a previous Board.

3.  The applicant states, in effect, that if his Army Physical Fitness Test (APFT) score had been properly computed, his promotion points would have exceeded the 1 March 1997, Department of the Army cutoff score for his military occupational specialty (MOS), resulting in a DOR of 1 March 1997.

4.  The applicant’s 29 July 2002, submission of a request for correction of a previous Board decision is accepted as new evidence that requires Board consideration.

5.  The Proceedings of the Board’s 6 June 2002 review of the case (AR2001065239) are incorporated herein by reference as if wholly set forth.

6.  Previously considered was an advisory opinion from the Total Army Personnel Command, which advised that the applicant's date of rank should be corrected to 1 May 1997, however, that advice was based on the latest Promotion Point Worksheet in the applicant's official military personnel file at that time.

7.  The Promotion Point Worksheet, provided by the applicant, reflects that as of 13 March 1996, he had a total of 728 points.  However, if he had been given the proper number of points for his APFT score, he would have had a total of 733 promotion points, which would have exceeded the Department of the Army's 729 point cutoff score for his MOS effective 1 March 1997.  A member of the staff of the Board provided a copy of the applicant's Promotion Point Worksheet to the PERSCOM for review.  They concurred that the applicant met the criteria for promotion on 1 March 1997.

CONCLUSIONS:

1.  After reviewing the evidence previously considered by the Board, and the new evidence the applicant has provided, the Board concludes that his total promotion points on 1 March 1997, exceeded the Department of the Army's cutoff score for his MOS.  Therefore, it would be proper to correct his SSG date of rank to 1 March 1997.

2.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an injustice.

RECOMMENDATION:

a.  showing that the individual concerned was promoted to the grade of staff sergeant with a DOR and effective date of 1 March 1997;

	b.  paying to him any monies that may be due as a result of this correction; and

	c.  making his records available to a Standby Advisory Board for promotion consideration to the grade of sergeant first class.

BOARD VOTE:

___kwl___  ___dph__  ___aao__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

_________Arthur A. Omartian___
CHAIRPERSON

INDEX

CASE ID	AR2002077434	
SUFFIX		
RECON	AR2001065239	
DATE BOARDED	20020924	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.