MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 10 SEPTEMBER 2002
         DOCKET NUMBER: AR2002067016

         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
Ms. Gale J. Thomas		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Barr		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 her records be corrected by reinstating her promotion to pay grade E-7 with all back pay and allowances effective
1 September 1997, and that she be given approval to attend the Total Army School System (TASS) Battalion Institutional Training Courses for the Advanced Noncommissioned Officer Course (ANCOC) Phases 1 and 2.

APPLICANT STATES: That she first attended ANCOC in November 1997, and was sent home because the school did not provide a stationary bike which was needed for her to take the Army Physical Fitness Test (APFT). She was rescheduled for attendance on 4 January 2000. On 17 January 2000, she had a seizure and suffered a type of amnesia for several days which caused her to fail tests given on 20 January 2000. She was removed from ANCOC for academic failure but should have been removed for medical reasons. She further states that she was allowed to drive home alone, 10 days after her seizure, when she was not legally or medically competent, thereby breaking the laws of several states that restrict one’s driving privileges for a period of time after a seizure. She was advised by both of her ANCOC First Sergeants that it would be best for her to complete ANCOC Phase 1 & 2, as part of the Total Army School System. In support of her request the applicant submits copies of her medical records and other documents relating to her dismissal from ANCOC.

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

The applicant enlisted in the United States Army Reserve on 12 February 1982, and was ordered to active duty on 9 September 1986, in an Active Guard Reserve (AGR) status.

The applicant was conditionally promoted to pay grade E-7 on 1 September 1997.

On 3 November 1997, the applicant was disenrolled from ANCOC because of the school’s failure to provide a stationary bike needed for her to take the APFT.

The applicant was rescheduled to attend ANCOC with a start date of 4 January 2000.

On 17 January 2000, the applicant was seen in the emergency room for a possible seizure. Medical notes state that the applicant had flu like systems, and that her roommate believed she had a seizure while sleeping. The roommate described noticing her making jerking movements, drooling from the mouth, and then going into a deep sleep.





The applicant’s DA Form 1059 (Academic Evaluation Report), dated 28 January 2000, shows that she failed to achieve course standards and noted that she was academically eliminated due to multiple test failures on the Review Correspondence Examination, and that she demonstrated poor research ability by failing to extract answers from regulations, handouts and notes.

On 6 February 2000, a medical officer stated that it appeared that the applicant experienced a generalized tonic/clonic seizure, which was followed by a postictal state. The applicant’s EEG (electroencephalogram) evaluation, along with other additional tests were all within normal limits. The medical officer counseled the applicant on the potential causes and side effects of her condition, and informed her that it was normal to experience partial, temporary, retrograde amnesia for hours to days after the attack with the first few hours after the attack to be the most significant temporary amnesia with diminishing effect and gradual return to normal. She also informed the applicant that she could continue to operate an automobile and there should be no limits imposed upon her current lifestyle or work habits.

On 6 March 2000, an Inspector General Action Request, in response to the applicant’s request that her DA Form 1059 be changed from “released for academic failure” to “released due to medical conditions”, determined that the NCO Academy’s chain of command had provided her with a sufficient amount of time to submit documentation she believed pertinent to her case prior to her retest and elimination, and that the Academy was unwilling to change her DA Form 1059.

On 10 March 2000, the applicant was reduced to pay grade E-6, with a date of rank of 1 June 1989.

On 24 March 2000, a Commander’s Inquiry determined that there was no evidence of illegality, injustice, or violation of regulatory guidance to support her request to have her elimination from ANCOC changed from academic failure to medical reasons. Documents in response to the Commander’s Inquiry show that the applicant failed the initial test and retest for Review Correspondence. The inquiry also shows that on 19 January 2000 she failed the initial examination on Conduct Platoon Level Physical Fitness Training. On 26 January 2000 she failed the retest. On 21 January 2000, she failed the End of Common Core examination. On 22 January 2000 she passed the retest.

Army Regulation 140-158, states in pertinent part, that soldiers who accept a promotion with the conditions that he or she must enroll in, and successfully complete a specified NCOES course and fails to meet those conditions, or is subsequently denied enrollment, becomes an academic failure, does not meet graduation requirements, or is declared a “No-Show,” will be reduced to the grade and rank held prior to the conditional promotion.

The Total Army School System (TASS) is a complete school system comprised of the Active Army, the Army National Guard (ARNG), and the United States Army Reserve (USAR) institutional training systems. The TASS consists of fully accredited and integrated Active, ARNG and USAR schools that provide institutional training and education for the Total Army, with seven geographical locations within the United States. The TASS training battalions are functionally aligned with the proponent schools for the mission they are charged to instruct. Personnel can receive academic credit for attendance at a TASS Battalion School providing the institution is accredited by the course proponent, and the program of instruction has been reconfigured into the Army Training System Courseware.

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. There is no evidence in the available records nor did the applicant provide documentation to substantiate her claim that she in fact had a seizure or that the seizure and possible amnesia was the cause of her failing tests which resulted in her elimination from ANCOC.

2. The Board notes that the applicant did pass the retest on Common Core even though she failed other tests. Such information tends to support a conclusion that the applicant was competent enough to take the exams.

3. There is no evidence that the applicant attempted to submit documentation she believed pertinent to her case to the NCO Academy prior to her retest and elimination.

4. The applicant was conditionally promoted to pay grade E-7, and had to complete ANCOC as a condition of her promotion. She did not complete ANCOC therefore her promotion was properly revoked and she was correctly reduced to the pay grade of E-6.

5. The applicant should submit her request for TASS Battalion School attendance through her chain of command to the U.S. Army Reserve Personnel Command for resolution.

6. 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 that requirement.

7. 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

__FNE __ __BJE __ __WDB__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002067016
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020910
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.	131.00
2.
3.
4.
5.
6.