MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002070497

         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. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Mr. Thomas Lanyi		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)

---

APPLICANT REQUESTS: That he be reinstated to the pay grade of E-7, effective 1 December 1996.

APPLICANT STATES: In effect, that he has made every attempt to attend and complete the Advance Noncommissioned Officer Course (ANCOC) both prior to and after his promotion to the pay grade of E-7. However, in 1993, he reported to the ANCOC and was sent home due to an ankle injury, which prevented him from completing the Army Physical Fitness Test (APFT). In 1996, he was rescheduled; however, his seat was cancelled because he was not serving in the pay grade of E-7. He was promoted to the pay grade of E-7 on 1 December 1996 and on 20 October 1999, requested a date to attend the ANCOC. On 14 July 2000, while out of state on leave, orders arrived at his home directing him to report to Aberdeen Proving Ground (APG), Maryland to attend the ANCOC on 16 July 2000. He could not make that class due to not having been informed in time and was declared a “No-Show”. On 26 January 2001, he again requested to attend the ANCOC. He reported to the ANCOC on 29 September 2001 and was informed that he did not have an “EKG” attached to his over-40 physical. He had a profile from the Reserve Support Command (RSC) Surgeon’s Office; however, the school required three signatures on it and returned him to his unit. He was later notified that he was being considered for a reduction board and information was requested at that time, which he provided. He was subsequently notified that he had not provided the information and that the reduction board would make the final decision. He goes on to state that he has done everything within his power to attend the ANCOC and will attend at the earliest possible date if given the opportunity.

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

He enlisted in the United States Army Reserve (USAR) under the delayed entry program (DEP) on 11 April 1978. He enlisted in the Regular Army on 5 June 1978, for a period of 3 years, training as a Pershing Missile Crewman and assignment to Europe. He continued to serve until 4 June 1981, when he was honorably released from active duty on the expiration of his term of service (ETS) and was transferred to the USAR Control Group (Reinforcement).

On 26 July 1982, he was reassigned to a Troop program Unit (TPU) in Peoria, Illinois, for duty as a motor transport operator. He reenlisted for a period of 3 years on 27 February 1984, while serving in the pay grade of E-4. He has remained in the USAR through a series of continuous reenlistments and on 31 May 1987, while serving in the pay grade of E-5, he entered the Active Guard/Reserve (AGR) Program and was assigned to a USAR unit in Illinois, for duty as a mechanic.

He has remained in the AGR program, was promoted to the pay grade of E-6 on 1 October 1992, and in January 1993, was reassigned to a USAR unit in Alabama. On 14 September 1993, he reported to the ANCOC at APG and was dismissed from the course on 28 September 1993, due to a medical condition which prevented him from completing the APFT.

In August 1994, he was transferred to a USAR unit in Hattiesburg, Mississippi, and in September 1995, he was transferred to a unit in Johnstown, Pennsylvania, for duty as a battalion motor sergeant. He transferred to Jonesboro, Arkansas, and was promoted to the pay grade of E-7 on 1 December 1996. His promotion orders specified that soldiers accepting a conditional promotion who are subsequently denied enrollment, declared a no-show, becomes an academic failure or otherwise does not meet graduation requirements, will have their promotion revoked and will be administratively removed from the centralized promotion list.

On 13 July 1997, nonjudicial punishment (NJP) was imposed against him for having sexual intercourse with a subordinate female soldier, not his wife, during the period of January through April 1997 and for disobeying a lawful order from his commander not to supervise said soldier. His punishment consisted of a forfeiture of $500.00 per month for 2 months. He did not appeal the punishment and the imposing commander directed the Record of Proceedings of NJP (DA Form 2627) to be filed on the Restricted Fiche of his Official Military Personnel File (OMPF).

On 24 January 1992, Total Army Reserve Personnel Command (ARPERSCOM), Office of Reserve Components Promotions, published an order reducing the applicant to the pay grade of E-6, with a date of rank (DOR) of 1 October 1992, his original DOR in that pay grade.

On 12 February 2002, the applicant submitted a letter to the ARPERSCOM, Enlisted Reduction Panel requesting that he not be reduced in grade. He asserted that he had done everything within his power to attend the ANCOC and that he was still willing to attend the ANCOC at the earliest possible date. His company commander also endorsed the applicant’s request that he not be reduced and indicated that not only was the applicant’s performance exemplary, he was an example for not only motor sergeants, but all noncommissioned officers and personnel in the AGR Program to follow.

In the processing of this case, a staff advisory opinion was requested from the ARPERSCOM, Full Time Manning Directorate, which recommended that his request be disapproved because he had been scheduled for attendance at the ANCOC several times since 1 December 1996 and had failed to satisfactorily complete the course. Additionally, the applicant was again conditionally promoted to the pay grade of E-7 on 1 June 2002 ( 3 months after his application to the Board) and was scheduled to attend the ANCOC on 23 February 2003. The applicant was provided a copy of the advisory opinion and to date, no response has been received by the staff of the Board.

Army Regulation 140-158, Enlisted Personnel Classification, Promotion and Reduction, provides, in pertinent part, that for conditional promotions to the pay grades of E-5 through E-8, the promotion is awarded with the condition that the soldier must be enrolled in and successfully complete the Noncommissioned Officer Education System (NCOES) course required for the grade to which promoted. The soldier must understand and agree that failure to meet those conditions will subject them to reduction to the pay grade held prior to promotion.

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

1. The Board has noted the applicant’s contentions and the supporting documents submitted with his application. However, the Board finds that from the time of 1 December 1996, when he was promoted to the pay grade of E-7 until 24 January 2002 (7 years), he had more than sufficient time in which to obtain a seat and complete the ANCOC.

2. Although there may have been some extenuating circumstances that occurred during the two times he did attend the ANCOC, the Board is not convinced that he did everything within his power, as he suggests, to get back to the ANCOC and keep his promotion.

3. The Board notes that he was promoted in November 1996 and did not request attendance at the ANCOC until 3 years later. He was a no-show for the July 2000 class and while he may have had a valid reason, he did not request attendance again for another 6 months. The Board does not find that with such delays on his part that he was engaged or proactive in the process of attending the ANCOC.

4. While the Board believes that the ARPERSCOM bears some of the burden in this case by allowing him to retain his promotion for such a long time before taking action to reduce him, it is ultimately the applicant’s responsibility to manage his own career and to take the steps necessary to ensure he remains competitive for promotion.

5. In this regard, the Board notes that the applicant has steadily sought and attained AGR positions to progressively provided advancements in grade. Accordingly, he has the same responsibility in regards to his educational requirements.

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 this 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

___fe ___ ___le____ ___tl____ DENY APPLICATION

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

---

INDEX

CASE ID	AR2002070497
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/11/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 327	133.0500/ADM RED
2.
3.
4.
5.
6.