RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 February 2004
      DOCKET NUMBER:   AR2003085063


      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. Robert J. McGowan             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. John P. Infante               |     |Member               |
|     |Ms. Karen A. Heinz                |     |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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be given constructive credit for
completion of the Sergeants Major Academy Non-Resident Course, that he be
reinstated to the grade of E-9, and that he be retired in the rank of
Sergeant Major.

2.  The applicant states that he completed all phases of the Sergeants
Major Academy Non-Resident Course, but did not pass the Army Physical
Fitness Test (APFT) due to a medical condition (degenerative disc disease)
and was dismissed from the course on 10 July 2002.  He appealed his
dismissal and his appeal was granted on 5 November 2002 and he was allowed
to retake the APFT.  He passed the APFT on 6 November 2002 and 6 December
2002.

3.  The applicant provides with his DD Form 149 (Application for Correction
of Military Record):  a 2-page letter of explanation; a 2-page memorandum
to the Army Board for Correction of Military Records (ABCMR), dated 16
December 2002, written by an Army physician who explains that the
applicant's back problems affected his APFT performance; a copy of DA Form
705 (APFT Scorecard) showing test results for 4 June 2002, 6 November 2002,
and 6 December 2002; a DA Form 5500-R (Body Fat Content Worksheet), dated
6 December 2002, showing the applicant as 71 inches tall, weighing 242
pounds, and having 24.23 percent body fat content; a DA Form 5500-R (Body
Fat Content Worksheet), dated 6 November 2002, showing the applicant as 71
inches tall, weighing 243 pounds, and having 24.94 percent body fat
content; a DA Form 5500-R (Body Fat Content Worksheet), dated 4 June 2002,
showing the applicant as 70.5 inches tall, weighing 242 pounds, and having
23.72 percent body fat content; an undated memorandum to the ABCMR
requesting favorable consideration of the applicant's request; a DA Form
3349 (Physical Profile), dated 31July 2002, showing the applicant's
permanent Level 3 profile for upper and lower extremities due to
"degenerative disc disease with dessication cervical spine, chronic LBP
[lower back pain] with radiculopathy left leg; a copy of Orders 013-0246,
Headquarters, III Corps and Fort Hood, dated 13 January 2003, separating
the applicant on 31 May 2003 and placing him on the retired list on 1 June
2003 in the rank of First Sergeant; copies of three DA Forms 2166-8 (NCO
Evaluation Form), dated June 2002. June 2001, and July 2000, all showing
the applicant's performance as a Sergeant Major with date of rank of 1 May
2000; a copy of the applicant's DA Form 2-1 (Personnel Qualification
Record); a copy of the applicant's Enlisted Record Brief with a brief date
of 16 August 2002; a 5 November 2002 memorandum from the Commanding General
(CG), Fort Bliss, Texas, granting the applicant's appeal of his dismissal
from the Sergeants Major Academy Non-Resident Course; a 3-page memorandum,
dated 28 August

2002, from the applicant to the CG, Fort Bliss, requesting reconsideration
of his dismissal from the Sergeants Major Academy Non-Resident Course; an
undated memorandum from the CG, Fort Bliss, denying the applicant's request
for reconsideration of his dismissal from the Sergeants Major Academy Non-
Resident Course; a 21 June 2002 memorandum from the Commandant, US Army
Sergeants Major Academy (USASMA), recommending denial of the applicant's
appeal of his dismissal from the Sergeants Major Academy Non-Resident
Course; a DA Form 1059 (Service School Academic Evaluation Report), dated 3
July 2002, showing that the applicant was rated superior in written and
oral communication and contribution to group work, and satisfactory in
research ability, while noting that he failed because of his failure of the
initial APFT and a subsequent retest; a copy of Department of the Army (DA)
Message R251850Z Jul 01 (DAMO-TR), subject:  Clarification and
Reinforcement of Army Training Policies, stating that Soldiers in the non-
resident sergeant major course resident phase who fail the initial APFT and
the retest will be dismissed for failure to meet APFT standards, but
Soldiers who fail the initial APFT and who are found medically unqualified
to retest will be medically dismissed; a 20 June 2002 memorandum for the
Commandant, USASMA, stating that the applicant should have had a medical
profile for his back problems when he went to the resident phase of the
Sergeants Major Academy Non-Resident Course; a 6 September 2002 memorandum
for the CG, Fort Bliss, from the CG, 1st Cavalry Division, Fort Hood,
Texas, requesting reconsideration of the applicant's dismissal from the
Sergeants Major Academy Non-Resident Course; a 14 August 2002 memorandum
for the CG, Fort Bliss, from the Command Sergeant Major (CSM), Fort Hood,
requesting reconsideration of the applicant's dismissal from the Sergeants
Major Academy Non-Resident Course; a 22 August 2002 memorandum for the CG,
Fort Bliss, from the CSM, 1st Cavalry Division, requesting reconsideration
of the applicant's dismissal from the Sergeants Major Academy Non-Resident
Course; and a 24 September 2002 memorandum for the CG, Fort Bliss, from the
CSM, US Army Garrison, Fort Hood, requesting reconsideration of the
applicant's dismissal from the Sergeants Major Academy Non-Resident Course.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a retired First Sergeant.  During his active service,
he was promoted to the grade of E-9 on 1 May 2000 and assigned duties as
the G-1 Sergeant Major, 1st Cavalry Division.  His promotion was
conditioned on his successful completion of the Sergeants Major Academy Non-
Resident Course.

2.  The applicant completed the non-resident phase of the course and
reported to Fort Bliss in June 2002 for the resident phase of the non-
resident course.  At the time, he was approximately 45 pounds over the
maximum allowable weight for his height and age.  He took and failed his
initial APFT and the retest.  On an unknown date, he was dismissed from the
Sergeants Major Academy Non-Resident Course (Resident Phase).

3.  The applicant returned to Fort Hood and was evaluated by medical
personnel for physical disabilities.  He was determined to have
degenerative disc disease (DDD) and, on 31 July 2002, he received a
permanent physical profile for his upper and lower extremities.  The
profile did not require a change in his military occupational specialty
(MOS), but did limit his participation in the APFT to a 2 1/2 mile walk.

4.  DDD is part of the natural process of growing older.  With age, the
intervertebral discs lose their flexibility, elasticity, and shock
absorbing characteristics.  The ligaments that surround the disc, called
the annulus fibrosis, become brittle and are more easily torn.  At the same
time, the soft gel-like center of the disc, called the nucleus pulposus,
starts to dry out and shrink.  The combination of damage to the
intervertebral discs, the development of bone spurs, and a gradual
thickening of the ligaments that support the spine can all contribute to
degenerative arthritis of the lumbar spine.

      a.  The process of degenerative disc disease, to varying degrees,
happens to everyone.  However, not everyone who has degenerative changes in
their lumbar spine has pain. Many people who have "normal" backs have MRIs
that show disc herniations, degenerative changes, and narrowed spinal
canals.  Every person is different and not everyone develops symptoms as a
result of degenerative disc disease.

      b.  When DDD becomes painful or symptomatic, it can cause several
different symptoms -- including back pain, leg pain, and weakness -- that
are due to compression of the nerve roots.  These symptoms are caused by
the fact that worn out discs are a source of pain because they do not
function as well as they once did, and as they shrink, the space available
for the nerve roots also shrinks. As the discs between the intervertebral
bodies start to wear out, the entire lumbar spine becomes less flexible.
As a result, people complain of back pain and stiffness, especially towards
the end of the day.

c.  The most common symptom of degenerative disc disease is back pain. When
DDD causes compression of the nerve roots, the pain often radiates down the
legs or into the feet, and may be associated with numbness and tingling.
In severe cases of lumbar DDD, where there is evidence of nerve root
compression, individuals may experience symptoms of sciatica and back pain,
and sometimes even lower extremity weakness.

5.  The applicant appealed his dismissal from the Sergeants Major Academy
Non-Resident Course to the CG, Fort Bliss, and was initially denied;
however, on 5 November 2002, his appeal was reconsidered and granted.  He
was instructed that, in view of his medical condition and permanent
profile, he had 6 months to complete an MMRB (MOS/Medical Retention Board)
and to coordinate with the nearest NCO Academy Commandant to schedule and
undergo an official APFT. He was instructed that failure to pass the APFT
would result in his dismissal from the Sergeants Major Academy Non-Resident
Course.

6.  On 6 November 2002, the applicant underwent a record APFT with his
unit, Headquarters and Headquarters Company, 1st Cavalry Division; he
passed the 2 1/2 mile walk.  This test result was not accepted as it was
not administered by Fort Hood NCO Academy.  On 14 November 2002, he took
the APFT with a Primary Leadership Development Course class at the Fort
Hood NCO Academy and he failed.  No copy of that test is available in the
record.

7.  On 6 December 2002, the applicant again underwent a record APFT with
Headquarters and Headquarters Company, 1st Cavalry Division, and, again, he
passed the 2 1/2 mile walk.  This result was not accepted and the applicant
was dismissed from the Sergeants Major Academy Non-Resident Course.  There
is no record that the applicant ever appeared before an MMRB.

8.  The applicant's promotion to Sergeant Major was rescinded on an unknown
date and he was honorably discharged on 31 May 2003 and placed on the
retired list on 1 June 2003 in the rank of First Sergeant.

8.  Army Regulation (AR) 350-1 (Army Training and Education) prescribes
policies, procedures, and responsibilities for developing, managing, and
conducting Army training and education programs.  It states that the
Sergeants Major Course is the capstone of enlisted training.  Master
Sergeants (MSG), MSG (Promotable), Sergeants Major, and Command Sergeants
Major are prepared for both troop and staff assignments throughout the
defense establishment.  It requires that Soldiers attending institutional
training courses, to include the Sergeants Major Course, must meet the
height, weight and physical
fitness standards.  In this regard, within 72 hours of enrollment in the
Sergeants Major Course (Resident Phase), Soldiers must take and pass the
APFT (standard or approved alternate) administered at the school.  Soldiers
failing this initial APFT will be afforded one retest and Soldiers failing
the retest will be considered disqualified for enrollment and will receive
a nonacademic dismissal for failure to meet APFT standards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to Sergeant Major on 1 May 2000 and was
assigned as the G-1 Sergeant Major, 1st Cavalry Division.  He performed
competently in that assignment.

2.  The applicant was an overweight Soldier; at the time he reported to
Fort Bliss for the resident phase of the Sergeants Major Academy Non-
Resident Course, he weighed 242 pounds when his maximum allowable weight
for his height and age was 197 pounds.

3.  The applicant failed the APFT when he reported to the Sergeants Major
Academy.  He was administered a retest which he also failed and he was
dismissed from the course.  It is unclear what events comprised the
applicant's APFT, that is whether he took the standard APFT or a modified
version.

4.  The applicant was diagnosed with DDD and placed on a permanent profile
for his upper and lower extremities.  He was restricted to a 2 1/2 mile
walk for his APFT.

5.  The applicant appealed his dismissal and was granted a second chance
with the understanding he complete an MMRB and an official APFT under the
supervision of his local NCO Academy Commandant within 6 months.

6.  Although the applicant took and passed two unofficial APFTs, he was not
able to pass a test administered by the Fort Hood NCO Academy.  He was
subsequently denied reinstatement in the Sergeants Major Academy Non-
Resident Course.

7.  There is no record of the applicant ever undergoing an MMRB.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fne___  __jpi___  __kah___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                 Fred N. Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003085063                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |118.0100                                |
|2.                      |131.0000                                |
|3.                      |136.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |