PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 September 2002
         DOCKET NUMBER: AR2002077430


         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Donald P. Hupman, Jr.		Member
Mr. William D. Powers		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, reinstatement of his promotion to sergeant first class/E-7 (SFC/E-7) and to the Advanced Noncommissioned Officer Course (ANCOC).

3. The applicant states, in effect, that he was declared a no-show for attendance at a scheduled ANCOC class in May 2001, and was subsequently administratively removed from the SFC/E-7 promotion and ANCOC attendance lists as a result. He claims that all the required documents for a deferment from the ANCOC class were submitted and processed through his chain of command and were provided to the Fort Knox, Kentucky, Schools NCO, in sufficient time to be reported to DA in order to prevent him from being declared a no-show at the class. He also comments that he discussed this issue with his Department of the Army (DA) branch manager, who suggested that if he was able to attend the Scout Leaders Course, he should not have any justified reason to not attend the ANCOC. However, this fails to take into consideration the fact that the Army Physical Fitness Test (APFT) is not a prerequisite of the Scout Leaders Course, as it is for the ANCOC. The applicant contends that his case was prejudiced by the DA branch manager based on this perception. He indicates that on 1 August 2001, he had surgery to correct the problems with his left elbow, which was the medical condition that prevented his attendance at the ANCOC. He concludes by commenting that he respectfully requests reinstatement to SFC/E-7 and the ANCOC selection list.

4. The applicant’s military records show that on the date of his application to this Board, he was still serving on active duty as a staff sergeant/E-6 (SSG\E-6) at Fort Knox, Kentucky.

5. Order Number 346-13, dated 11 December 2000, issued by the Total Army Personnel Command (PERSCOM), Alexandria, Virginia, authorized the applicant’s promotion to SFC/E-7, effective 1 January 2001. This order also contained special instructions indicating that those members promoted to
SFC/E-7, who did not have ANCOC credit were promoted conditionally. These special instructions further indicated that those members conditionally promoted would have their promotions revoked and their names removed from the centralized list if they failed to meet the Noncommissioned Officer Education System (NCOES) requirement.

6. The applicant was initially scheduled to attend the ANCOC from 17 January through 25 April 2001. However, a Physical Profile (DA Form 3349) confirms that on 10 January 2001, he was issued a temporary (T) three (3) profile. This profile indicated that the applicant was unable to take the APFT. The expiration date of this profile was listed as 15 February 2001.

7. On 10 January 2001, the applicant requested a deferment from attendance at this ANCOC class. This request was supported by the chain of command, and the deferment was granted.

8. The applicant was rescheduled to attend the ANCOC from 2 May through
9 August 2001. However, on 9 April 2001, he was again issued T3 profile that prohibited him from taking the APFT, which was required for school attendance, and did not expire until after his scheduled ANCOC start date.

9. On 2 April 2001, the applicant requested a deferment from attendance at the ANCOC due to start on 2 May 2001. This request was supported by members of his chain of command, who all confirmed that the applicant was on an extended temporary profile the precluded his attendance at the ANCOC because of his inability to take the APFT.

10. On 9 May 2001, the PERSCOM training division sergeant major notified the PERSCOM promotion branch that the applicant was a no-show for his scheduled ANCOC class that was scheduled to start on 2 May 2001, and that he had exceeded the time guidelines for ANCOC attendance.

11. Order Number 144-4, dated 24 May 2001, published by PERSCOM, revoked the applicant’s promotion to SFC/E-7, and the Chief, Enlisted Promotions Branch, PERSCOM, notified the commander, Fort Knox, that the applicant’s name was administratively removed from the promotion list due to his failure to attend his scheduled ANCOC class.

12. On 29 August 2001, the applicant was finally issued a T2 medical profile in the upper and lower extremities based on pain in his right elbow and both knees. This profile allows the applicant to take the bicycle event of the APFT and would allow him to now attend the ANCOC and take the APFT within the constraints of his medical profile.

13. On 4 September 2001, the applicant submitted a request to the PERSCOM NCOES Reinstatement Panel, asking that he be reinstated to SFC/E-7, and to the ANCOC selection list. He claimed that he was scheduled to attend the ANCOC on two separate occasions, but due to temporary profiles he was unable to attend. He received an approved deferment from the first class; however, although a deferment request was submitted and processed through his chain of command, he was still declared a no-show from the second scheduled class. He indicated that because he had followed all appropriate procedures for course deferments in a timely manner, he should not be punished for the administrative errors in the processing of his request for deferment.

14. Included with the applicant’s request for reinstatement were supporting memorandums from his troop and squadron commanders, which confirmed he suffered from a medical condition that precluded his attendance at the ANCOC on his scheduled start date of 2 May 2001, and that the applicant and chain of command had timely requested a class deferment.

15. On 5 September 2001, the applicant’s regimental commander prepared a memorandum requesting that the applicant be reinstated to the rank of SFC/E-7. He commented that after reviewing the correspondence, he concluded that the applicant and chain of command followed appropriate procedures for course deferments in a timely manner. He concluded that an administrative error occurred that resulted in PERSCOM not receiving notice of a school deferment in a timely manner. However, the error should be recognized for what it is and the applicant should be reinstated to his former rank. It finally indicated that the applicant would attend the ANCOC after either receiving a P2 profile or surgery.

16. On 16 October 2001, the G3 Sergeant Major, Fort Knox, prepared a memorandum for record. It confirmed that due to a clerical error, it could not be confirmed that a request for the applicant’s deferment was forwarded to DA prior to the start date of the applicant’s class, which resulted in his being annotated a no-show at the ANCOC class scheduled to begin on 2 May 2001. He recommended that the applicant not be held responsible for the administrative errors that resulted in these adverse actions in question.

17. On 29 November 2001, the Chief, Training Analysis Management Branch, PERSCOM, notified the applicant’s command that his request for reinstatement was disapproved. The memorandum indicated that the NCOES Reinstatement Panel denied the applicant’s request for reinstatement to SFC/E-7. It further indicated that all matters submitted in extenuation and mitigation were taken into consideration, but did not warrant reinstatement or reversal of the decisions regarding the applicant.

18. Army Regulation 600-8-19 prescribes the policy for enlistment promotions. It provides for the conditional promotion of soldiers whose sequence numbers are reached for promotion to SFC/E-7 and who have not completed or attended the ANCOC. These soldiers are promoted conditionally upon their completion of ANCOC. It furthers provides that soldiers who fail to attend their scheduled ANCOC class for an unjustified reason will be reduced and/or removed from the promotion selection list.

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19. The Army’s ANCOC general attendance policy outlined by the PERSCOM NCOES branch states, in pertinent part, that there is no deadline in determining when the soldier must attend ANCOC. However, generally a soldier is scheduled to attend the ANCOC within a year after the release of the appropriate SFC/E-7 promotion list. The deferment policy outlined indicates that requests for deferments may be considered for medical or compassionate reasons. It further states that soldiers who fail to attend their scheduled ANCOC class for any reason other those that qualify for a deferment, and who are subsequently declared a "no-show" are removed from the centralized promotion list. Further, the NCOES policy indicates that soldiers declared a no-show, who feel there was either an error, injustice or some other type of wrongdoing that contributed to this status, may request reinstatement through PERSCOM's NCOES Reinstatement Panel. If the voting panel finds irregularities, it can reinstate the soldier onto the SFC/ANCOC selection list.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his promotion was revoked and his name removed from the SFC/E-7 promotion and ANCOC selection list due to administrative errors that were through no fault his own, and it finds these claims have merit.

2. The Army’s ANCOC attendance policy, outlined by the PERSCOM NCOES Branch, allows for class deferments for valid medical reasons. The evidence of record confirms that the applicant was on valid temporary profiles that prohibited him from taking the APFT and to attend the ANCOC on the date he was scheduled to attend the ANCOC from which he was declared a no-show.

3. Although it appears the deferment request and supporting documentation were never provided to the proper PERSCOM NCOES representative for processing, in the opinion of the Board, this does not detract from the validity of the request, and should not be held against the applicant. It appears that the applicant did everything possible to comply with the deferment request requirements with the support of his chain of command, and through no fault of his own, this request was never considered or acted on by the proper authority.

4. Therefore, the Board concludes the applicant was inappropriately categorized as a no-show at his scheduled 2 May 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 revocation of the applicant’s SFC/E-7 promotion and his removal from the promotion and ANCOC selection list, should be corrected at this time.

5. 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 be corrected by showing that the individual concerned was granted a medical deferment from attending his 2 May 2001 ANCOC class; reinstating his promotion to SFC/E-7, effective 1 January 2001; providing him any back pay and allowances due as a result of the reinstatement of this promotion; reinstating him on the ANCOC list; and scheduling him for attendance at an ANCOC class as soon as possible.

BOARD VOTE:

__JNS__ __DPH___ __WDP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___ John N. Slone _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077430
SUFFIX
RECON
DATE BOARDED	2002/09/12
TYPE OF DISCHARGE	N/A
DATE OF DISCHARGE	N/A
DISCHARGE AUTHORITY	N/A
DISCHARGE REASON	N/A
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 1039	118.0100
2.
3.
4.
5.
6.