RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 11 MARCH 2004
         DOCKET NUMBER: AR2003092989


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Mae M. Bullock		Member
Mr. Patrick H. McGann, Jr.		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that she be allowed to attend Phase II of the Advanced Noncommissioned Officer Course (ANCOC) and reinstated in the rank of sergeant first class.

2. The applicant states that when she went to ANCOC she was not in the best of health. She had been experiencing medical problems for some time and was under a physician's care. She was prescribed medications which caused intense hot flashes that occasionally interfered with her ability to concentrate. The learning environment in the ANCOC classroom complicated matters. Because of heating and air conditioning malfunctions, the classroom temperature was at least 90 degrees. During the week of the examination, she was assigned as student first sergeant, a mentally and physically demanding position, requiring her attention during lectures as well as outside the classroom. She missed didactic portions on which she was tested. Since returning from ANCOC, she underwent surgery and had a hysterectomy. She is taking medications to regulate her hormones. The hot flashes and emotional instability have been resolved. In her career she has been a platoon sergeant, ward master, and a section supervisor. She continues to prepare by reading her student guide. She has completed the six-week distant learning portion. She is ready to successfully complete ANCOC.

3. The applicant provides –

•         a 28 May 2003 medical statement from a gynecologist, who stated that the applicant had been under his care since October 2002, and that in December 2002 she was placed on Lupron Depo injections, whose side effects included nausea, vomiting, hot flashes, night sweats, and mental/mood changes. He stated that the applicant continued to experience problems and was scheduled for major surgery on 2 June 2003 and would require approximately six weeks' convalescence, and should be able to attend ANCOC three months after her surgery.

•         A patient education report on the use and side effects of Leuprolide long-acting injection.

•         A 2 July 2003 memorandum to this Board supporting the applicant's request from the Director, Individual Training Support Directorate (U.S. Army Training Support Center, Fort Eustis, Virginia).

•         A 2 July 2003 memorandum to this Board supporting her request from the Chief, Staff and Faculty Support Team of the above mentioned directorate.
•         A statement from a fellow Soldier who attended ANCOC with the applicant, and who stated that because of the applicant's duties she was absent during lectures on which they were tested; and who also affirmed that the classroom environment was not conducive to learning because of the temperature. She stated that the applicant confided to her that because of the medication she was taking, she experienced hot flashes in which concentration was much more difficult because of the temperature.

•         A copy of a certificate showing that the applicant completed the ANCOC common core course from 19 February 2003 to 6 March 2003.

4. In addition, statements of support on her behalf were received from an instructor at the Training Support Center at Fort Eustis, a fellow Soldier at Fort Monroe, Virginia, who had served with her, a civilian of the Distance Learning Training Directorate at Fort Eustis, a retired command sergeant major, and a retired master sergeant, now a civilian employee at Fort Lee, Virginia.

CONSIDERATION OF EVIDENCE:

1. The applicant is an active duty Soldier assigned to Fort Eustis, Virginia. She first entered on active duty on 31 August 1979 and served until 19 August 1985 when she was discharged for pregnancy. On 26 October 1987 she enlisted in the Army Reserve for six years. She served on active duty during Operation Desert Shield/Desert Storm, serving in Saudi Arabia for seven months and was awarded the Bronze Star Medal for meritorious service. Upon her discharge on 30 July 1991 she enlisted in the Regular Army. She has had continuous active service since then. She has had two tours of duty in Germany, and has completed numerous military courses. She completed the basic NCO (BNCOC) in May 1994; however, her academic evaluation report shows that she marginally achieved course standards because she failed two examinations. Her enlisted evaluation reports, going back to July of 1984 through July of 2002 have been consistently excellent, and on occasions, outstanding. In addition to the award of the Bronze Star Medal, the applicant has received multiple awards of the Army Commendation Medal and the Army Achievement Medal.

2. On 1 September 2002 the applicant was conditionally promoted to sergeant first class. The order effecting her promotion stated that the promotion order would be revoked and her name removed from the centralized list if she failed to meet the NCOES (Noncommissioned Officer Education System) requirement.

3. The applicant attended ANCOC at Fort Sam Houston, Texas, and successfully completed Phase I, the common core training portion, on
6 March 2003.

4. On 24 March 2003 the AMEDD (Army Medical Department) NCO Academy commandant notified the Commanding General, United States Army Transportation Center, that the applicant was released from ANCOC for academic reasons in that she failed the initial and retest of the career management field examinations.

5. The applicant's academic evaluation report reflects that she failed the academic standards, but also indicated that the applicant displayed superior oral communication skills, dedication to mission tasks, worked extremely hard at setting the example in all tasks, attempted to develop her subordinates at every opportunity, and possessed the will and courage to succeed. It also indicated that she cultivated teamwork and a willing professional attitude within the group, and actively contributed in all group discussions, which greatly enhanced the learning environment.

6. The applicant apparently appealed her release from ANCOC [The appeal is not available to the Board], in that on 11 April 2003 she indicated in a memorandum to the Commandant of the AMEDD NCO Academy, that she had been informed that her appeal of the academic release had been disapproved.

7. On 10 April 2003 the Total Army Personnel Command (PERSCOM) published an order revoking the order promoting her to sergeant first class. On 11 April 2003 the PERSCOM notified the applicant that her name had been administratively removed from the promotion selection list.

8. On 21 April 2003 the applicant requested to the PERSCOM NCOES Reinstatement Panel that she be readmitted to the ANCOC. In her request, she gave reasons for her test failure, and indicated that she would like to be given the chance to redeem herself, stating that she could successfully overcome her prior shortcomings and become a successful ANCOC graduate. She stated that upon her return to her unit, she immediately began working on a proposed study plan to prepare her to complete ANCOC.

9. The Commanding Officer of the Army Training Support Center at Fort Eustis endorsed her request, stating that the applicant consistently exhibited the potential and drive to be an outstanding senior NCO, and that her supervisor was providing study time necessary t o prepare her for the successful completion of the course. A colonel at Fort Eustis supported her request, stating that the applicant was a very strong leader and an excellent NCO, and was also within nine semester hours of completing her Bachelor of Science degree. A senior civilian at Fort Eustis also supported her request and stated that he had adjusted the applicant's schedule to allow her an opportunity to prepare herself to successfully complete ANCOC. A retired NCO also supported her request, commenting on her professionalism and her leadership skills.

10. On 19 May 2003 PERSCOM informed the applicant's commanding officer that the applicant's request for reinstatement was disapproved.

11. Army Regulation 600-8-19 provides the policy and procedures for the promotion of enlisted Soldiers, and states in pertinent part that a Soldier must be an ANCOC graduate for promotion to sergeant first class. Soldiers selected for promotion to sergeant first class will be conditionally promoted for a period not to exceed 12 months. Soldiers enrolled in their appropriate NCOES course at the end of the 12-month timeframe will be allowed to complete the training and retain their promoted grade upon graduation. Soldiers who fail to successfully complete their scheduled NCOES class will be administratively reduced and/or removed from the promotion list. These soldiers must re-compete for promotion.
Soldiers who have been removed from the promotion list as a result of failure to meet the NCOES requirement are ineligible for a future conditional promotion to the same grade.

DISCUSSION AND CONCLUSIONS:

1. There is no error in the applicant's records. She went to ANCOC. She failed the course because she could not pass the career management field test or the retest. Her release for academic reasons, the revocation of the order promoting her, and her removal from the promotion selection list, were correct.

2. Nevertheless, her record is excellent. Her superiors have so indicated on her evaluation reports that her performance of duty was excellent, and in some instances outstanding. Senior officers, NCOs, and civilians, who support her request, both to this Board and the NCOES Reinstatement Panel, attest to her professionalism, leadership, and performance of duty. The academic evaluation report, while noting that she failed the academic standards, also indicated her attributes, abilities, and performance in oral communications, leadership skills, and contribution to group work, stating that she cultivated teamwork and that she possessed the will and courage to succeed. It would appear, then, that this NCO is an asset to the Army, who should be given every opportunity to advance.

3. Therefore, the applicant should be rescheduled for the next available ANCOC. Should she successfully complete the course, she should be promoted to sergeant first class with an effective date and date of rank on the date that she successfully completes ANCOC. To provide her with the effective date and date of rank that she was conditionally promoted would be unfair to her contemporaries who completed ANCOC.

BOARD VOTE:

__JNS __ __MMB__ __PHM __ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned by scheduling the applicant for attendance at the next available ANCOC, and if successfully completed, promoting her to sergeant first class effective and with a date of rank the date that she successfully completes ANCOC.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to promoting her with the date of rank and effective date of her conditional promotion.





                  ____ John N. Slone_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003092989
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040311
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	110.03
2.	118.00
3.
4.
5.
6.