PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002075439


         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. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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 she be reinstated to the rank of Sergeant First Class (SFC) and that she be rescheduled for attendance at Advanced Noncommissioned Officer Course (ANCOC).

3. The applicant states, in effect, that she provided her permanent profile and submitted a request through channels to the Full Time Support Management Directorate (FTSMD) requesting that she be rescheduled for attendance at ANCOC and reinstatement to the rank to SFC. In support of her application, she submits copies of: several memorandums pertaining to her request; reduction orders; two e-mail notifications; DA Forms 3349 (Physical Profile); several Noncommissioned Officer Evaluation Reports (NCOERs); a DA Form 2A (Personnel Qualification Record – Part I); a DA Form 2-1 (Personnel Qualification Record – Part II); a certificate of training; and a DA Form 638 (Recommendation for Award).

4. The applicant's military records show that she is currently serving in the Army Guard/Reserve (AGR) Program with the 847^th Personnel Services Battalion, as a supply sergeant.

5. She was promoted to staff sergeant (SSG/E-6) on 15 September 1991.

6. The applicant was conditionally promoted to SFC/E7 on 1 July 1999.

7. On 1 February 2000, the applicant e-mailed her personnel manager to inform her that she was scheduled to attend ANCOC on 6 March 2000. She stated that she was issued a temporary profile due to problems with her knees and that her physician’s plan of action was physical therapy, with an ortho consult and podiatrist visit for insoles. On that same day her personnel manager e-mailed her requesting that she fax a copy of her profile so that she may be rescheduled for ANCOC. There is no evidence of record that she was ever rescheduled for ANCOC.

8. On 2 February 2000, a DA Form 3349 was prepared at a Veterans Administration hospital, which issued the applicant a temporary profile due to chondromalacia (preternatural softness of the cartilages) "(B)" bilateral (having two sides, or pertaining to both sides) knees. Her assignment limitations were no running or high impact activities. She was allowed to walk, bicycle, or swim at her own pace and distance and walk or run in a pool at her own pace.

9. On 4 February 2000, a DA Form 3349 was prepared by the command surgeon, which issued the applicant a temporary profile of 113111 due to chondromalacia bil (bilateral) knees. Her assignment limitations were no running or high impact activities. This profile was valid until 2 May 2000.

10. On 16 August 2000, a DA Form 3349 was prepared, which issued the applicant a new temporary profile due to chondromalacia patella (the kneecap, or kneepan) (B) knees. She was allowed to walk, run, bicycle, and swim at her own pace and distance and walk or run in a pool at her own pace. She was permitted unlimited walking, bicycling, and swimming. Her Army Physical Fitness Test (APFT) limitations consisted of push-ups, sit-ups and either the walk, swim, or bicycle event.

11. On 27 September 2000, a request was submitted by her unit administrator to the Commander, US Army Medical Department Activity (MEDDAC), of Fort Knox, Kentucky. The unit requested an evaluation of the applicant for a permanent profile for her APFT and indicated that the she was remotely located from a military hospital.

12. On 4 November 2000, a DA Form 3349 was prepared, which issued the applicant a permanent physical profile of 112111 due to bilateral patellofemoral pain. Her APFT consisted of push-ups, sit-ups, and either the walk, swim, or bicycle event. She was allowed to run at her own pace and distance and was permitted unlimited walking, bicycling, and swimming. It also indicated that her permanent change in profile did not require a change in her MOS and duty assignment.

13. On 9 November 2000, the applicant e-mailed her personnel manager at
the Army Reserve Personnel Command (AR-PERSCOM) requesting that she be rescheduled for ANCOC.

14. 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 her promotion. The panel also stated that the applicant’s recourse for appeal was to this Board.

15. 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 9 September 1991.

16. On 13 February 2002, the applicant appealed for reinstatement to ANCOC
through her chain of command to the USAR AGR Reinstatement Panel. She was scheduled to attend ANCOC on 6 March 2000, and was declared a "No Show." However, she felt that this was an error because she had notified AR-PERSCOM of her temporary profile and should have been removed from ANCOC, as her personnel manager had stated. She states that she does not know if her cancellation of her class date of 10 April 2000, was a factor in her reduction; however, she was unaware of the scheduled date and was still on temporary profile. She attempted to correct her medical problems as expeditiously as the medical channels would allow. She continued to be treated and evaluated. She received guidance and recommendation from medical authorities and was later issued a permanent profile. On 9 November 2000, she forwarded her permanent profile to AR-PERSCOM, requesting attendance to ANCOC. In December 2000, she discovered that her personnel manager had changed and again e-mailed another copy of her permanent profile and requested attendance at ANCOC. On 17 July 2001, her command requested that she be rescheduled for ANCOC. She felt that she should have not been categorized as a "No Show" and is uncertain as to why she was not scheduled for ANCOC after forwarding her permanent profile and requesting a seat through e-mail, which was the basis for her reduction.

17. On 23 February 2002, the applicant's Command Sergeant Major (CSM) indorsed the applicant's request. The CSM recommended that the applicant be enrolled in the next available ANCOC course and reinstated to the rank of SFC upon completion of ANCOC. The CSM stated that the applicant completed her part in furnishing her personnel manager with a copy of her temporary and permanent profile and kept her personnel manager informed on the status of her medical condition.

18. The applicant's request was indorsed on 3 and 21 March 2001, through
channels with concurrence and approval that she be rescheduled for ANCOC and reinstated to the rank of SFC upon completion of ANCOC.

19. The US Total Army Personnel Command (PERSCOM), NCOES Branch published and distributed a new Profile Policy on 5 October 2000. This policy, which applies to soldiers of all components attending NCOES, states that soldiers may not attend 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.

CONCLUSIONS:

1. The evidence of record shows that she was issued a temporary profile on 2 February 2000, due to chondromalacia bilateral knees with assignment limitations. She was allowed to walk, bicycle, or swim at her own pace and distance and walk or run in a pool at her own pace and distance. She was issued another temporary profile on 4 February 2000, due to the same condition which was valid until 2 May 2000.

2. The applicant was issued a permanent physical profile on 16 August 2000, due to chondromalacia patella. This profile allowed her to either walk, swim, or bicycle for the APFT and was able to do sit-ups and push-ups.

3. She was issued a permanent physical profile on 4 November 2000 of 112111 due to bilateral patellofemoral pain. Her APFT limitations consisted of push-ups, sit-ups, and either the walk, swim, or bicycle event.




4. The applicant requested that she be rescheduled for ANCOC through e-mail and informed her personnel manager the she was scheduled to attend ANCOC on 6 March 2000. Her personnel manager informed her that she would be rescheduled for ANCOC.

5. The applicant’s case was reviewed by the USAR AGR Reduction Panel, which determined that the applicant should be reduced in rank for failing to meet the conditions of her promotion. The applicant was reduced on 24 January 2002, with a DOR of 9 September 1991.

6. The applicant had a valid temporary physical profile from 2 February to 4 November 2000 and should have been deferred from ANCOC until resolution of her medical condition. It appears that she was not deferred and in fact, declared a "No Show."

7. The Board 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.

8. Therefore, based on the foregoing, the applicant should be rescheduled for attendance at the next available ANCOC in her MOS and grade. She should also be reinstated to the rank of SFC/E7 with a DOR and effective date of 1 July 1999, the date of her initial promotion, and entitled to all back pay and allowances.

9. 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 rescheduling her for attendance at the next available ANCOC for her MOS and grade;

b. by reinstating her to the rank of SFC/E7 with a date of rank and effective date of 1 July 1999, the date of her initial promotion; and






c. by showing that she is entitled to all back pay and allowances.

BOARD VOTE:

__aao___ __jpi___ __rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075439
SUFFIX
RECON
DATE BOARDED	20021114
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	322
2.	310
3.
4.
5.
6.