| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Jennifer L. Prater | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: That her records be corrected by reinstating her to the rank of Sergeant First Class with an effective date of 1 September 1998.
APPLICANT STATES: That she was denied a medical delay for attendance at the Advanced Noncommissioned Officer Course (ANCOC), as authorized in Army Regulation 140-158, paragraphs 8-21a and 8-21b. In support of her request the applicant submits copies of her promotion order, her reduction orders, a consultation report dated 24 May 2000, four ANCOC Class Rosters with enrollment dates, and a nurse’s statement from the Madigan Army Medical Center.
EVIDENCE OF RECORD: The applicant's military records show:
On 5 January 1998, the applicant reenlisted in the U.S. Army Reserve in the pay grade of E-6 for a period of 6 years, and was ordered to active duty in an Active Guard Reserve status.
On 28 August 1998, she was conditionally promoted to Sergeant First Class, with an effective date and date of rank of 1 September 1998.
The applicant was scheduled for attendance at ANCOC with report dates of 4 January 1999, 12 September 1999, 3 January 2000, and 5 March 2000.
On 3 March 2000, the applicant submitted a DA Form 4187 (Personnel Action) requesting a delay in attending her scheduled 5 March 2000 ANCOC report date because of an injury she received during physical training. There is no evidence or documentation in her records to show the final disposition on her request. However on 24 May 2000, as a result of her not attending ANCOC she was reduced to Staff Sergeant.
On 15 May 2000, a medical consultation report shows that the applicant was diagnosed with vocal cord dysfunction. The report states that this was the applicant’s initial voice evaluation, and that she has had problems with breathing since 1995, when she was diagnosed with asthma and treatment with inhaled steroid was unsuccessful.
A 26 June 2001 statement in the applicant’s behalf from a nurse at the Madigan Army Medical Center states that the applicant’s breathing problems began in the summer of 1998, when she was diagnosed with dyspnea (shortness of breath). It was only when the applicant was transferred to the Fort Lewis area of Washington and began treatment at Madigan Army Medical Center that it was determined that she did not have asthma but suffered from vocal cord dysfunction. The nurse further states that prior to her speech pathology therapy for vocal cord dysfunction she would not have been able to complete as an Army Physical Fitness Test (APFT), however, after having received the therapy she can complete an APFT.
Army Regulation 140-158, states in pertinent part, that a soldier who is conditionally promoted to the rank of Sergeant First Class must be enrolled in ANCOC within
12 months of the date of promotion and be a graduate of ANCOC within 24 months of the Phase I completion date or their promotion will be revoked.
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. The applicant was scheduled for attendance at ANCOC on four separate occasions from January 1999 through March 2000. There is no evidence in the available records, nor did she provide documentation that she applied for a waiver for any of her previous classes until 2 days before her 5 March 2000 report date.
2. There is no documentation in the applicant’s records, however, one can assume that since she was reduced to staff sergeant, that her request for a medical waiver on
3 March 2000 was disapproved. The Board notes that the applicant’s waiver request was based on an injury to her back during physical training and not on her dyspnea or vocal cord dysfunction as she now claims.
3. It appears that the applicant was given numerous opportunities to attend ANCOC prior to her reduction, and there is no evidence that she applied for or was given a waiver for attendance other than her 3 March 2000 request.
4. There is insufficient evidence to conclude that she suffered from a medical condition that would have precluded her attendance at ANCOC.
5. 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
__MKP__ ___JLP ___MMB DENY APPLICATION
| CASE ID | AR2002070870 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030114 |
| 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. |
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(2) is limited to those conditions which were determined by the PEB to be specifically unfitting for continued military service; or, when requested by the CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings for unfitting conditions will be reviewed in all cases. The initial narrative summary (NARSUM) and PEB considered the CI unfitting for asthma compounded by vocal cord dysfunction and rated the CI under (analogously to) the asthma coding criteria...
AF | PDBR | CY2012 | PD2012-00285
On final PEB evaluation, 62 months later, the PEB adjudicated the vocal cord dysfunction and right lower extremity complex regional pain syndrome as unfitting, rated at 0% and 10% respectively, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI was medically separated with a 10% disability rating. TDRL RATING COMPARISON: Service PEB Admin Correction – Dated 20050616 Rating Condition Code Complex Regional Pain Syndrome, Right Lower Extremity Vocal...
AF | PDBR | CY2010 | PD2010-01089
Additionally, speech pathology commented that “stress related to adjustment to military life and depression related to being away from his family…appear to be significant contributing factors.” Psychiatry recommended concomitant treatment with SSRIs for management of the related depression and anxiety symptoms, with occasional short term use of benzodiazepines for acute exacerbations of his vocal cord dysfunction. The Board considered all of the evidence, and concluded that the...
AF | PDBR | CY2014 | PD-2014-02668
Asthma Condition (With Possible Vocal Cord Dysfunction) .The narrative summary (NARSUM) in March 2004 (a month prior to TDRL placement)notedthe CI had asthma which was moderate and persistent with shortness of breath with exercising. BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.The...
ARMY | BCMR | CY2002 | 2002069572C070402
The packet submitted by the applicant’s battalion commander also includes confirmation of the applicant’s medical problems between April 2000 and August 2001, and a medical document that verifies that she was placed on a temporary physical profile on 8 August 2001, which prevented her attendance at her scheduled September 2001 ANCOC class. The evidence of record and the applicant’s battalion commander confirm that she was on a valid temporary physical profile that prohibited her attendance...
AF | PDBR | CY2012 | PD2012 01773
BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.The Board did not surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD were exercised.In the matter of the VCD, and IAW VASRD §4.97, the Board unanimously recommends no change in the PEB...
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The VAs analogous asthma rating of 30% was based on daily use of Singulair and Albuterol and a diagnosis of asthma a year prior to separation. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CIs disability and separation determination, as follows: UNFITTING CONDITION VASRD CODE RATING Vocal Cord Dysfunction 6599-6520 0% COMBINED 0% The following documentary evidence was considered: Exhibit A. DD Form 294, dated 20120619, w/atchs Exhibit B. ...
AF | PDBR | CY2013 | PD-2013-02803
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The Board reviews medical records and other available evidence to assess the fairness of PEB rating determinations, using the VASRD standards, based on ratable severity at the time of separation; and, to review those...
ARMY | BCMR | CY2002 | 2002074341C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, if proper procedures were followed in accordance with Army Regulation 140-158, he would be attending ANCOC in the rank of SFC. It states, in pertinent part, that when a soldier fails to complete a required NCOES course, the soldier's name will be removed from a promotion list, and if conditionally promoted, the soldier will be reduced in accordance with paragraph 7-12d.
ARMY | BCMR | CY2004 | 20040011259C070208
The applicant provides her Active Guard Reserve assignment orders; her email notification of selection for promotion; a Personnel Action (DA Form 4187) requesting deferment of ANCOC with an attachment; a Personnel Action requesting to attend Service School; a Personnel Action requesting separation; her Request and Authority for Leave (DA Form 31); e-mails regarding her expiration of term of service (ETS) paperwork, rank reduction, and service member assistance; an amendment to reduction...