MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002069532

         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. Robert J. McGowan		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Elzey J. Arledge, Jr.		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 was dismissed from ANCOC because he failed the Army Physical Fitness Test (APFT). He contends that his dismissal was unfair because he had a medical condition; that he was not afforded adequate time and assistance to appeal his dismissal; that he was not given adequate guidance on overcoming his AFPT failure; and that soldiers who were assigned to units located at the ANCOC site (Fort Gordon, Georgia) received preferential treatment in similar situations. Reference his medical condition, he specifically states that his knee problems made it impossible for him to do sit-ups.

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

He enlisted in the Regular Army on 19 October 1982. His enlistment physical examination indicates that he was 70.25 inches tall, weighed 171 pounds, and had a slender build.

The applicant was trained in the communications career field and served initially in military occupational specialty (MOS) 36C (Wire Systems Installer/Operator) and later in MOS 31L (Cable Systems Installer-Maintainer). He was promoted to Staff Sergeant (SSG) on 1 April 1993.

In September 1998, the applicant was assigned to recruiting duties in the State of Wyoming. On 10 November 1998, promotion orders were issued promoting the applicant from SSG to SFC effective 1 December 1998. The orders clearly stated that soldiers promoted from SSG to SFC who do not have ANCOC credit are promoted conditionally and will have their promotions revoked and their names removed from the centralized list if they fail to meet the ANCOC requirement.

Due to his September 1998 assignment to recruiting duty, the applicant was unable to attend ANCOC during 1999 and was scheduled for attendance in January 2000. However, during November 1999, he underwent a partial meniscectomy of the medial and lateral menisci of the left knee, and he also had a mosaicplasty, or cartilage transfer procedure. He requested a deferment from attending ANCOC until January 2001, but was given a class date of 19 October 2000.

The applicant reported to ANCOC at Fort Gordon. On 19 October 2000, he was given his initial AFPT. He was 36 years old, his height was 71 inches, and his weight was 258 pounds (194 pounds was the maximum allowable weight for his height and age, however, his body fat of 23.87% was barely within the maximum allowable standard of 24%). For the applicant, the AFPT consisted of push-ups, sit-ups, and a 2.5-mile walk in lieu of a 2-mile run. He failed the sit-up portion of the APFT. He only completed 37 sit-ups when he was required to complete 42 to meet the minimum requirement for his age group.

On 27 October 2000, the applicant was given a retest of his initial APFT. Once again, he struggled and could not meet the minimum requirement for his age group, completing 38 when he needed to complete 42.

On 30 October 2000, the applicant was notified of his pending elimination from ANCOC. He acknowledged notification and submitted an appeal on the same date (30 October 2000). In his appeal, he blamed his APFT failures on "inadequate rest the night before" and having lost his "focus" when made to restart his push-ups. He only mentioned his November 1999 knee surgery by way of explaining that he was not able to participate in vigorous physical training in the months leading up to his attendance at ANCOC. He also complained that his recruiting duties made it extremely difficult to perform physical training.

The applicant's appeal was denied and he was dismissed from ANCOC. On an unknown date, the US 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 12 December 2000, the applicant petitioned PERSCOM requesting that he be reinstated to the rank of SFC and that he be allowed to complete ANCOC. On 6 April 2001, PERSCOM disapproved his request.

Army Regulation 351-1 provides in pertinent part, that ANCOC training prepares selected noncommissioned officers for leadership positions at the platoon sergeant level. The course provides a common leadership core of instruction and MOS-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 co-located with the proponent service school. Course lengths vary by MOS.

Army Regulation 600-8-19 provides, in pertinent part, that effective 1 October 1993, the Army linked the NCOES (NCO Educational System) 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

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SFC. Soldiers selected for promotion to SFC, but who have not met the NCOES requirement, will be promoted conditionally. Those soldiers who fail to attend, or successfully complete, their scheduled NCOES course will have their conditional promotions revoked and will be removed from the list.

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, it is concluded it is concluded:

1. The Army’s guidance in this matter is clear; failure to complete ANCOC will result in a soldier's removal from the centralized promotion list. The applicant failed to complete ANCOC and was removed from the SFC promotion list.

2. In his application to this Board, the applicant blames his APFT failures on his November 1999 knee surgery, contending that he could not bend his knees as required in the correct sit-up position. While a student at ANCOC, he blamed his failure on lack of sleep and lost "focus."

3. The Board, in reviewing the applicant's Official Military Personnel File, noted that the applicant weighed 171 pounds and was of "slender build" when he enlisted. From 1990 through his attendance at ANCOC, he weighed between 250-258 pounds, some 60 pounds above his maximum weight for his height and age.

4. The applicant had a duty to keep himself physically fit, to stay within the weight limits for his height and age, and to report to ANCOC ready to pass the APFT. He did not do these things and his failure resulted in dismissal from ANCOC and removal from the SFC promotion list.

5. 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.

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

__fne___ __slp___ __eja___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002069532
SUFFIX
RECON
DATE BOARDED	20021022
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	131.10
2.
3.
4.
5.
6.