MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001062964

         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Linda D. Simmons		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)

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APPLICANT REQUESTS: That his date of rank (DOR) for promotion to the pay grade of E-7 be back-dated to 1 October 1999.

APPLICANT STATES: In effect, that he was originally promoted to the pay grade of E-7 effective 1 October 1999, and that his promotion was conditional on his successful completion of the Advanced Noncommissioned Officer Course (ANCOC). However, at the time he attended the ANCOC, his mother had a heart attack and he could not focus his attention on the Common Core Test materials and failed the tests. As a result he was academically relieved from the course. He further states that he was granted reinstatement to the ANCOC, which he completed; however, his DOR was changed to 3 July 2001, to coincide with the date he completed the ANCOC. In support of his application he submits copies of documents showing his appeal of his dismissal from and reinstatement to the ANCOC and documents showing that his mother was ill and hospitalized.

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

He initially enlisted on 3 January 1985, in the pay grade of E-3, for a period of 4 years, training as a single channel radio operator, a cash enlistment bonus and enrollment in the Army College Fund. He successfully completed his training and was promoted to the pay grade of E-5 on 4 October 1985.

On 19 January 1993, he reenlisted for a period of 4 years and training as an intelligence analyst. He completed his training in February 1994 at Fort Huachuca, Arizona and was promoted to the pay grade of E-6 on 1 January 1995.

On 1 October 1999, the applicant was promoted to the pay grade of E-7. The orders contained instructions indicating that the promotion was conditional on his completion of the ANCOC, that the orders would be revoked and that his name would be removed from the promotion list if he did not meet the ANCOC requirements.

The applicant attended the ANCOC at Fort Huachuca on 8 May 2000 and on 9 June 2000, he was dismissed from the course for failure to achieve course standards. His Academic Evaluation Report (DA Form 1059) indicates that he failed to achieve a passing score on the Common Leader Test and subsequent reevaluations, that he received an unsatisfactory rating in research, and that he did not display the ability to understand questions and research reference materials needed for further military schooling. His promotion orders were revoked on 5 July 2000, his name was removed from the promotion list, and he was granted de facto status for the period of 1 October 1999 to 9 June 2000.

Prior to his dismissal (relief) from the ANCOC, the applicant was informed that he was being considered for academic dismissal based on his failure of the Common Leader Exams. He was advised that he could submit an appeal of the dismissal and he elected to do so. In his appeal to the Commandant, he contended that he could not concentrate on his work because he had a headache and was suffering from the mental anguish caused by his mother’s hospitalization. He went on to state that his mother’s condition had now improved and that he could now concentrate. He requested that he be afforded another opportunity to re-take the test. He also submitted a request to be administratively released from the course as opposed to being academically dismissed. His appeal was denied and he was returned to his unit.

On 20 August 2000, the applicant submitted a request for reinstatement to the Department of the Army Noncommissioned Officers Education System (NCOES) Reinstatement Panel along with the support of his chain of command. The NCOES Reinstatement Panel approved his request on 27 September 2000; however, it directed that he not be promoted until such time as he completed the ANCOC.

He attended phase I of the ANCOC on 6 May 2001 and on 22 May 2001, successfully achieved the course standards for that phase. His DA Form 1059 indicates that he required retraining in physical training and communication skills.

The applicant began Phase II of the ANCOC on 23 May 2001 and marginally achieved course standards on 3 July 2001. His DA Form 1059 indicates that he failed to achieve a final “Go” on the subsequent Military Intelligence Mission Threat Brief; he failed to present facts in a logical order and information was not clear and concise. It also indicates that he needs to improve on briefing skills in front of peers and gain confidence in abilities, he provided his peers with inaccurate information on Teammate, he wrote an adequate paper on Teammate; however, he needs to improve on writing composition and he needs to improve on confidence level during group discussion. He was again promoted to the pay grade of E-7 effective 3 July 2001.

A review of the medical documents submitted by the applicant indicates that his mother was admitted to an intensive care unit of a hospital in Missouri on 17 May 2000 and that his family had requested his presence.

In the processing of this case a staff advisory opinion was obtained from the Promotions Branch of the Total Army Personnel Command (PERSCOM) which opined, in effect. that his initial failure of the ANCOC was not exonerated and that he was granted an exception to policy to be reinstated to the ANCOC and the promotion list. It further opined that his promotion was contingent on his completion of the ANCOC and to grant him a backdated DOR would afford him a benefit not afforded to others in similar situations. The advisory opinion was provided to the applicant for comment and to date, no response has been received by the Board staff.
Military Personnel (MILPER) message number 94-24 dated 22 October 1993, announced conditional promotions to the rank of sergeant first class (SFC) and sergeants major (SGM) for individuals whose sequence numbers had been reached and who had not attended the ANCOC or sergeants major academy (USASMA). It provided, in effect, that conditional promotions are contingent upon the successful completion of the required level of NCOES. Soldiers who prior to 1 October 1993, fail to complete ANCOC or USASMA due to academic or disciplinary reasons, or who were denied enrollment will not be conditionally promoted. Those soldiers who on or after 1 October 1993, accept a conditional promotion, and are subsequently declared an academic failure or fail to meet course requirements, will have their promotion revoked by the PERSCOM and will be removed from the promotion list. Personnel who apply for reinstatement, who are reinstated, will receive a DOR and effective date as of the date they graduate the ANCOC.

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. Although there may have been some underlying reasons (mother’s illness) that contributed to the applicant’s academic failure of the ANCOC, he was properly deemed an academic failure and was released from the course for failure to achieve course standards and his promotion was revoked.

3. The applicant was granted an opportunity for reinstatement on the promotion list and attendance at the ANCOC a second time (as an exception to policy) approximately 1 year later. At that time, he marginally achieved the course standards and was promoted effective the date he completed the course.

4. While it appears that he was granted an exception to policy because of the circumstances surrounding the illness of his mother at the time he initially failed the ANCOC, his reinstatement and promotion was conditional upon his completion of the course. Given the circumstances of his case, the Board finds that he was properly promoted to the pay grade of E-7, effective the date he completed the course.

5. Had the applicant been improperly released from the course and was subsequently reinstated, the applicant would be entitled to his original DOR and to have the Academic Evaluation Report removed from his records. However, the Board finds no evidence to show that such was the case.
6. 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

___js____ ___lds __ ___jm___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001062964
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/03/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 315	131.0500/DOR
2.
3.
4.
5.
6.