PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002069394


         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
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Donald P. Hupman		Member
Mr. Thomas B. Redfern		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.

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2. The applicant requests, in effect, that he be reinstated to the rank of Sergeant First Class (SFC) and that he be rescheduled for attendance at Advanced Noncommissioned Officer Course (ANCOC).

3. The applicant states that he was administratively reduced for failure to complete the conditions of his promotion. He also states that during the time period given for completion of his conditional promotion he was physically unable to attend ANCOC. This action was documented and a request was submitted through channels to waive his time limits; however, his chain of command did
not forward his request and was therefore reduced. In support of his application, he submits copies of his: student guide; DA Forms 3349 (Physical Profile); DA Form 4187 (Personnel Action); and a DA Form 200 (Transmittal Record).

4. The applicant also submits a personal statement detailing his sequence of events. In March 2000 he received orders to attend ANCOC at Fort Lee, Virginia, with a reporting date of 3 April 2001. Prior to his attendance, he was seen by a physician for joint pain and loss of range of motion in his shoulder. He was unsure if he could pass the physical part of ANCOC and made an appointment with his physician. At that time, he searched the Internet and printed a copy of a welcome letter and student guide from the Fort Lee Homepage that provided information pertaining to temporary and permanent profiles. He discovered that a temporary profile would be accepted as long as the student was able to take an alternate Army Physical Fitness Test (APFT) and fully participate in all other activities of the course.

5. After speaking with his physician, he was issued a temporary profile that allowed him to walk for the APFT and was able to do sit-ups and push-ups. He continued to be evaluated and felt that he was strong enough to complete ANCOC. He reported to ANCOC and after passing his height and weight requirements was asked for a copy of his profile. At that time, he was informed that his profile would not be accepted and that he would be released from ANCOC. He spoke with the first sergeant of ANCOC and was informed that a Department of the Army (DA) Message was published and that the APFT standards had changed, and that his temporary profile was no longer accepted. He argued that he could not have known this and was following instructions published in the student guide. At that time, he explained his physical problems to the first sergeant and commandant and they stated " not to worry" that his unit would be returning him to duty for medical reasons and no matter how long it took to get either healthy or obtain the permanent profile, that his rank would not be taken since he was not a failure of the course. He returned to his unit and contacted the Full Time Management Support Directorate (FTSMD), Army Reserve Personnel Command (AR-PERSCOM) and spoke to his career manager.


6. He submitted a dismissal packet to his career manager and was informed
that everything would be okay. His profile was for 90 days and he was authorized an additional 90 days for recovery for total of 180 days. He assumed that his recovery time would be sufficient to obtain the permanent profile that would be required for ANCOC. In September 2001, a month before his termination of 180 days, his career manager informed him by e-mail that he was scheduled to attend ANCOC on 3 October 2001. He called immediately and spoke to his career manager and inquired as to why they had not spoken to him before rescheduling him for ANCOC. He was informed him that this was policy and that they had no control over the matter. His career manager provided him with the telephone number to contact his branch and to inquire why orders were published and to explain his situation in detail. He was informed that orders were not published for him to attend ANCOC in Oct 2001. He again spoke with his career manager and was informed to submit a DA Form 4187 through channels and ask for a waiver before being rescheduled for ANCOC.

7. His request was submitted on 28 September 2001, and he continued to be evaluated by medical staff. He was later seen at Walter Reed Army Medical Center (WRAMC) on 18 October 2001. He was later informed to swim for exercise and not to put any more stress on his joints. He was diagnosed as having degenerative (deterioration; change from a higher to a lower form) joint disease. The physicians at WRAMC obtained x-rays and discovered that he had problems in multiple areas. He returned to the clinic and spoke to his physician and was informed that he needed a permanent profile. During the month of October 2001 he patiently waited for a decision by his physician. His career manager e-mailed him in October 2001 and informed him that a reduction panel reviewed his records. He again spoke to FTSMD and was informed that his DA Form 4187 was acceptable and that the board would make a final determination concerning his circumstances.

8. On 29 January 2002, the 99^th Reserve Support Command (RSC) notified him that he was being administratively reduced in rank. He inquired as to why his request did not make a difference and was informed that his action was terminated and returned to the Major Subordinate Command (MSC) in early December 2001. He never received any information from the 99^th RSC or the MSC. He was informed that his request was not needed since no orders were published for his second ANCOC attendance and felt that there was no authority to terminate his action directed by the FTSMD and regulation. If his request had been processed he would not have been reduced. On 29 January 2002, he inquired on the status of his profile and was informed that his profile would be completed as soon as possible. He explained his situation pertaining to the reduction board and his profile was completed and signed on 31 January 2002, and approved by his battalion commander on 2 February 2002.


9. The applicant's military records show that he is currently serving in the AGR
Program with the 392^nd Signal Battalion, as a supply sergeant.

10. He was promoted to SSG/E-6 on 1 December 1992.

11. The applicant was conditionally promoted to SFC/E7 on 1 July 2000.

12. On 12 March 2001, a DA Form 3349 was prepared, which issued the applicant a temporary profile due to hypertension (high blood pressure) bronchospasm (spasmodic contraction of the muscular coat of the bronchial tubes, such as occurs in asthma). This profile was valid until 30 June 2001, and indicated that the applicant may walk for his APFT. It also indicated that he was able to perform sit-ups, push-ups, and unlimited walking and bicycling.

13. On 21 September 2001, a DA Form 3349 was prepared, which issued the applicant a temporary profile of 113111 due to joint pain and blood pressure problems. This profile was valid until 7 December 2001, and indicated assignment limitations of walk at own pace and distance, and only until pending specialty evaluation.

14. On 28 September 2001, the applicant submitted a DA Form 4187, request for school cancellation of ANCOC, course number 551-92Y40, class number 002. He also indicated that no orders were published as of that date and his request was due to his temporary profile dated 7 September 2001, for a period of 90 days. He further stated that he was pending an ongoing medical evaluation and that he did not have a time period for rescheduling of his ANCOC. The commander verified the applicant's request and recommended approval on 14 October 2001. It appears that this request never reached the school and he was declared a "no show."

15. On 10 October 2001, the USAR AGR Enlisted Reduction Panel convened with the responsibility to screen conditionally promoted enlisted AGR personnel. After a comprehensive review of the applicant's professional development education file, the panel determined that the applicant should be reduced in rank for failing to meet the conditions of his promotion. The panel also stated that the applicant’s recourse for appeal was to this Board.

16. The applicant was reduced to the pay grade of E-6/SSG with an effective date of 24 January 2002, and a date of rank (DOR) of 1 October 1992.

17. On 2 February 2002, a DA Form 3349 was prepared, which issued the applicant a permanent physical profile of 112111 due to arthritis/degenerative joint disease multiple areas (inflammation of a joint/hypertropfic [the morbid
enlargement or over growth of an organ or part due to an increase in size of its

constituent cells]). His assignment limitations consisted of no running, push-ups or sit-ups for timed APFT and alternate walk only. He was permitted unlimited walking and marching up to 2 miles. It also indicated that his permanent change in profile did not require a change in his MOS and duty assignment.

18. The applicant provided a copy of a student guide from the Fort Lee Homepage which provided information pertaining to temporary and permanent profiles. It stated that soldiers who have permanent profiles must have been before a medical screening board prior to attending Noncommissioned Officer Education System (NCOES). Soldiers who had not been screened would not attend courses. Soldiers who have been screened and cleared will participate to the limit of their profile. Valid medical permanent profiles (DA Form 3349) must have blocks 5, 6, 7, and physical fitness test completed with authorized exercises and alternate APFT events. Individuals with a temporary profile would be allowed to attend if they could pass the APFT alternate event and could fully participate in all course/Programs of Instruction (POI)/ Field Training Exercises (FTX)/Staff Training Exercises (STX). Those who could not complete 100 percent of the minimum course/POI requirement would not be enrolled.

19. The US Total Army Personnel Command (PERSCOM), NCOES Branch published and distributed a new Profile Policy on 5 October 2000. This policy applies to soldiers of all components attending NCOES courses with a temporary profile. "If you are scheduled for an NCOES course and you are on a temporary profile or the recovery period of the profile overlaps with your course report date, you should immediately notify your unit schools NCO and your installation training office. They will in turn notify the NCOES section to cancel your reservation." This letter also stated that soldiers may attend NCOES courses with a permanent designator 2 (P2) physical profile with a copy of DA Form 3349. Eligibility to attend NCOES with this type of profile was based on the soldier's ability to train within the limits of the profile provided they could meet the minimum course graduation requirements. This letter further stated that soldiers may attend NCOES courses with a permanent designator 3 (P3) or permanent designator 4 (P4) physical profile with a copy of DA Form 3349 that has been reviewed by a Medical Screening Board. Soldiers that have not been medically screened and classified with appropriate limitations would not attend courses. Soldiers who have been before a medical screening board, awarded medical limitations, and allowed to retain their military occupational specialty (MOS) or are reclassified would be eligible to attend NCOES and would be required to meet course prerequisites up to the limits of their profile.






20. Army Regulation 140-158 prescribes policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted soldiers
of the US Army Reserve (USAR). Chapter 7 governs grade reduction and
restoration of USAR soldiers. Paragraph 7-12d pertains to failure to meet conditional promotion NCOES requirements. It states that a soldier who accepts a promotion with the condition 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, or becomes an academic failure, or 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.

21. Paragraph 7-5 of the same regulation states that the DOR for restoration of an AGR soldier reduced in accordance with paragraph 7-12d will be the original DOR of the grade held before reduction.

22. Paragraph 8-19 of the same regulation pertains to conditional promotion to SGT through MSG. It states that under promotion procedures of this regulation, a soldier may be promoted on the condition that he or she enroll in and successfully complete the course required for that grade. If the grade requires the soldier to be a graduate of ANCOC, the soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of ANCOC within 24 months of the Phase I completion date. An extra 12 months will be allowed for completion of each phase of ANCOC for courses with more than
2 phases.

23. Paragraph 8-21 pertains to authorized delays from NCOES course graduation. It states that a soldier who has been conditionally promoted must be enrolled in and graduated from an appropriate NCOES course within the period of time cited in paragraph 8-19. A conditionally promoted soldier will be authorized a delay for enrollment in or completion of a required NCOES course when the soldier is verified as being ill, or injured to a degree that prevents enrollment or course completion, or has been approved for a delay in writing by a colonel or above in the soldier's chain of command based on documented personal reasons. When the reason for delays ends, the soldier must be rescheduled for enrollment/completion within the period of time cited in paragraph 8-19.

24. Training and Doctrine Command (TRADOC) Regulation 351-10 prescribes institutional training and education policies for all officers and NCO leader development and defines TRADOC's role in Army civilian leader development. This regulation applies to TRADOC service schools and Active Army, USAR, and Army National Guard of the United States (ARNGUS) agencies responsible for
officer, NCO, and civilian leader training and education. Paragraph 5-5 pertains to ANCOC. ANCOC provides an opportunity for soldiers selected for promotion to SFC to acquire the leader, technical, and tactical skills, knowledge, and behaviors (SKB) needed to lead platoon-size units. Training builds on experience gained in previous training and operational assignments. Branch schools and selected Total Army School System (TASS) school battalions conduct this course in a live-in environment, where possible. RC–ANCOC, Phase I common core, requires formal school attendance one weekend per month for six consecutive months or two weeks active duty training (ADT).
Soldiers must start Phase II within 24 months of Phase I completion. Requests for waiver will be forwarded through command channels for approval by the first general officer in the soldier's chain of command who may waive an additional
12 months for cogent reasons. Waiver requests in excess of 36 months from completion of Phase I will be forwarded through command channels to TRADOC. Soldiers will report to school with a copy of the approved waiver.

CONCLUSIONS:

1. The applicant received orders to attend ANCOC with a reporting date of 3 April 2001, and prior to his attendance was seen by a physician for joint pain and loss of range of motion in his shoulder. He was unsure if he could pass the
physical part of ANCOC and made an appointment with his physician.

2. The applicant searched the Internet and printed information pertaining to temporary and permanent profiles from the Fort Lee Homepage. He discovered that a temporary profile would be accepted as long as he was able to take an alternate APFT and fully participate in all other activities of the course. The applicant continued to be evaluated.

3. The applicant was issued a temporary profile on 12 March 2001, due to hypertension bronchospasm which was valid until 30 June 2001. His profile allowed him to walk for the APFT and was able to do sit-ups and push-ups.
He reported to ANCOC, passed his height and weight requirements, and was asked for a copy of his profile. He was informed that his temporary profile was unacceptable and that he would be released from ANCOC. He spoke with the first sergeant and was informed that a DA Message was published and that the APFT standards had changed. He argued he was not aware of the changes and was following procedures outlined in the student guide.

4. The applicant spoke to his career manager after returning to his unit and submitted a dismissal packet. He assumed that his temporary profile and recovery time would be sufficient to obtain a permanent profile required for ANCOC. He was issued another temporary profile on 21 September 2001, which was valid until 7 December 2001.



5. The applicant submitted a request through channels on 28 September 2001, and asked for a waiver before being rescheduled. He continued to be evaluated by his physician, was informed that his request was acceptable, and that the board would make a final determination concerning his circumstances. His action was terminated and he was reduced in rank. He was issued a permanent physical profile of 112111 on 2 February 2002, with assignment limitations of no running, push-ups, or sit-ups for timed APFT with an alternate walk only.

6. The Board notes that in accordance with the Fort Lee Homepage student guide, individuals with a temporary profile would be allowed to attend if they could pass the APFT or alternate event and could fully participate in all course/POI requirements, to include the end of course FTX/STX. The Board also notes PERSCOM Profile Policy, dated 5 October 2000, which stated that soldiers
may not attend NOCES course with a temporary profile. If the recovery period of the profile overlaps with the course report date, immediately notify the individual's unit schools NCO and the individual's installation training office to cancel the individual's reservation.

7. The applicant was scheduled for ANCOC, was on a temporary profile, and his recovery period of his profile overlapped with the course report date. However, the applicant, at that time, failed to notify his unit schools NCO and installation training office because he felt that he was strong enough to complete ANCOC.

8. The Board further notes that PERSCOM's Profile Policy states that soldiers may attend ANCOC with a permanent designator of 2 (P2) with a copy of their DA Form 3349. The applicant is now in receipt of a valid permanent profile and is eligible to attend ANCOC.

9. Therefore, the Board concludes the applicant was inappropriately categorized as a "no-show" at his scheduled October 2001 ANCOC class through no fault of his own. Further, in the interest of equity, it finds that any resultant actions taken,
to include the applicant's administrative reduction form SFC/E7 to SSG/E-6 should be corrected at this time, and he should be scheduled to attend ANCOC at the earliest opportunity.

10. In view of the foregoing, the applicant’s records should be corrected as recommended below.








RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected:

a. by showing that he was granted an authorized delay for NCOES requirements of his conditional promotion and medical deferment from attendance at his October 2001 ANCOC class;

         b. by reinstating his promotion to SFC/E-7, effective 1 July 2000;

         c. by providing him any back pay and allowances due as a result of this reinstatement; and

         d. by scheduling him for attendance at the next available ANCOC class.

BOARD VOTE:

__ro___ ___dh__ ___tr_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor, Jr.___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069394
SUFFIX
RECON
DATE BOARDED	20021107
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 322
2.
3.
4.
5.
6.