MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2002066589

         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:

Ms. Celia L. Adolphi		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Donald P. Hupman		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 he be reinstated to the rank of Sergeant First Class (SFC) and permitted to attend the Advanced Noncommissioned Officer Course (ANCOC).

APPLICANT STATES: In effect, that he failed an Army Physical Fitness Test (APFT) due to medically diagnosed gout in his right toe and complications from a hernia. He was diagnosed with gout in 1999 and underwent surgery for a hernia in May 2000. In April 2001, he took an APFT at the behest of his first sergeant instead of obtaining a profile. Not surprisingly, he failed the run portion. He asserts that he attempted to pass the APFT, required for ANCOC, instead of obtaining a permanent profile, which his medical situation warranted. He respectfully requests that he be given the opportunity to attend the earliest ANCOC and be reinstated to SFC.

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

He enlisted in the Regular Army on 19 May 1988. He was promoted to staff sergeant (SSG), on 30 June 1994. He currently serves on active duty, as an Intelligence Analyst.

On 14 September 1999, promotion orders were issued promoting the applicant from SSG to SFC. Included on the orders were instructions that SSGs promoted to SFC who do not have ANCOC credit are promoted conditionally. Those soldiers who receive a conditional promotion will have their promotions revoked and their names removed from the centralized list if they fail to meet the ANCOC requirement.

On 24 April 2001, the applicant failed the run portion of an APFT. He scored 38 of a needed 60 points to pass. His age was listed as 37, his height as 69.50 inches and his weight as 200 pounds. He exceeded his weight in accordance with Army Regulation 600-9, but was within the body fat standard.

On 30 April 2001, the applicant's then battalion commander forwarded a request to revoke the applicant's conditional promotion to SFC. He explained that the applicant was conditionally promoted to SFC with a scheduled ANCOC class date in January 2000. Shortly after being promoted he was deployed to Sarajevo Bosnia from 13 November 1999 through 25 February 2000 and was unable to attend ANCOC. The applicant was then scheduled for ANCOC in August 2000, which he was unable to attend due to recovery from a hernia operation on 20 May 2000. The applicant was again rescheduled to attend in May 2001, but could not attend due to failure of a record APFT on 24 April 2001.




On 21 May 2001, the Total Army Personnel Command (PERSCOM) notified the applicant that his conditional promotion to SFC had been revoked and that his name had been administratively removed from the promotion list.

On 24 May 2001, the applicant was given a temporary physical profile for the medical condition of gout. He was given assignment limitations of no running or jumping or marching. He was allowed to take an alternate APFT consisting of push-ups, sit-ups, and a walk or bicycling event.

In the processing of this case, an advisory opinion was obtained from the Promotions Branch, PERSCOM. It noted that the applicant's promotion orders were revoked based on his cancellation from ANCOC due to failure of his APFT. That office opined that to reinstate the applicant's promotion to SFC, would afford him an unfair advantage not given to other soldiers.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He responded, in effect that he believes it would be fair to reinstate his conditional promotion. He did not consider if it was fair when he was prevented from going to ANCOC because of a second deployment to Bosnia. He later contracted a parasite in his foot during an assignment to Somalia. If he had been permitted to attend ANCOC in 1997 when he was younger and the pain was not as intense this issue would be a moot point today.

Army Regulation 351-1 provides in pertinent part, that ANCOC training prepares Department of the Army selected SSG and SFC for leadership positions at platoon sergeant level. The course provides a common leadership core of instruction and military occupational specialty specific skill training. Training at the ANCOC level emphasizes the skills that complement the NCO's commissioned officer counterpart. ANCOC and the Officer Basic Course are linked through common doctrine focused on the roles of officers and NCOs on the battlefield at platoon level. ANCOC is conducted in a live-in environment at NCO academies collocated with the proponent service school. Course lengths vary by military occupational specialty.

Army Regulation 600-8-19 provides, in pertinent part, that effective 1 October 1993, the Army linked NCOES to promotion to SFC. Linking the NCOES to promotion ensures NCOs possess the appropriate skills and knowledge required prior to assuming the duties and responsibilities of the next higher grade. The soldier must be an ANCOC graduate for promotion to SFC. Soldiers






conditionally selected for promotion to SFC, but who have not met the NCOES requirement will be promoted conditionally. Those soldiers who fail to successfully complete or do not attend their scheduled NCOES will have their conditional promotions revoked and will be removed from the list. Provided they are otherwise eligible, these soldiers will again compete for promotion.
Army Regulation 614-200, provides in pertinent part, that soldiers must meet the prerequisites contained in Department of the Army Pamphlet 351-4 to attend a service school, to include ANCOC. Department of the Army Pamphlet 351-4 is the U.S. Army's Formal Schools Catalog.

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

1. The Army’s guidance in this matter is clear; failure to attend ANCOC will result in a soldier's removal from the centralized promotion list. The applicant mentions that he suffered from gout and the contraction of a parasite in his foot. He implies that he believes he had medical reasons for not taking the APFT on 24 April 2001. To support this contention, he has submitted a temporary profile for gout dated 24 May 2001; however, he submitted nothing to support the presence of a parasite in his foot. The applicant should have obtained a temporary profile prior to the 24 April 2001 APFT, which would have again delayed his attendance at ANCOC or obtained a permanent profile, which might have allowed him to attend the scheduled ANCOC. The applicant made a personal decision not to seek medical advice, but take the chance that he could pass the APFT. Unfortunately, he was unable to pass that APFT. The Board concludes that the applicant failed to attend his scheduled ANCOC due to failure of APFT, which dictated the revocation of his conditional promotion to SFC and the removal of his name from the centralized promotion list.

2. 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.











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

___dph___ ___cla _ ___bje __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002066589
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	13 June 2002
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.
2.	131.10
3.
4.
5.
6.