RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 FEBRUARY 2005
      DOCKET NUMBER:  AR20040002762


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Hubert Fry                    |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. Peter Fisher                  |     |Member               |

      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 a 15 July 2002 memorandum, which
administratively removed him from ANCOC (Advanced Noncommissioned Officer
Course), be expunged from his records.

2.  The applicant states that the memorandum was placed in his records
because he was denied enrollment in ANCOC.  However, he states that the
Department of the Army “reinstatement board found [his] removal to be
erroneous” and he has since completed ANCOC.  He maintains, therefore, that
the memorandum should be removed.

3.  The applicant provides a copy of his ANCOC completion document, a copy
of the memorandum reinstating him to ANCOC, a copy of a memorandum
reinstating him to the promotion list and a copy of a memorandum he wishes
to have removed.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty in 1988 and has served continuously
since that date.  He executed an indefinite reenlistment contract in
February 2001.

2.  On 10 January 2002 orders were issued by the then United States Total
Army Personnel Command promoting the applicant to pay grade E-7 effective
1 February 2002.  The order noted that the promotion was conditional for
those Soldiers who had not yet completed ANCOC.  It also indicated that
those Soldiers who were promoted conditionally would have the promotion
revoked and their names removed from the centralized promotion list if they
failed to meet the ANCOC education requirement.

3.  A 15 July 2002 memorandum, the document which the applicant is asking
to be removed from his file, states that the applicant’s name was
administratively removed from the promotion list based on his “release from
ANCOC due to [his] failure to meet the standards of AR [Army Regulation]
600-9.”  Army Regulation 600-9 established the Army’s Weight Control
Program.

4.  The applicant’s January 2002 promotion order to pay grade E-7 was
revoked on 15 July 2002.  That revocation order is contained in the
applicant’s file along with the original January 2002 promotion order.

5.  Performance evaluation reports, contained in the applicant’s file do
contained statements, in several instances, that the applicant met the body
fat standards of Army Regulation 600-9.  The applicant’s file does,
however, also indicate that he had performed duties as a drill sergeant for
several years and had completed the Master Fitness Training Course in May
1999.

6.  A 17 October 2002 memorandum to the applicant’s commander from the
United States Total Army Personnel Command informed him that the
applicant’s eligibility for ANCOC was “reinstated based on our
determination that his denied enrollment for overweight was due to
inconsistencies in the taping of the soldier.” The decision to reinstate
the applicant was made by the NCOES (noncommissioned officer education
system) Reinstatement Panel.  The
17 October 2002 memorandum is not in the applicant’s file.

7.  A 31 October 2002 memorandum, addressed to the applicant, which is
contained in his file, indicates that a decision by the NCOES Reinstatement
Panel “has resulted in your name being reinstated to the Promotion
Selection List.”  Orders promoting the applicant to pay grade E-7, with his
original effective date of 1 February 2002, were also published on 31
October 2002 and filed in his OMPF (Official Military Personnel File).

8.  The applicant successfully completed ANCOC in May 2003.

9.  Army Regulation 600-8-19 prescribes the policy for enlisted promotions.
 It provided, at the time, for the conditional promotion of Soldiers whose
sequence numbers are reached for promotion to pay grade E-7 and who have
not completed or attended ANCOC.  It furthers provides that Soldiers who
are "defined as failing to attend, having failed to complete for cause or
academic reasons or being denied enrollment to the required NCOES course
for cause" will have their names administratively removed from the
centralized promotion list.  If the Soldier has been conditionally promoted
they will also be administratively reduced in grade.  In November 2003 the
Army’s personnel command released a message announcing that the NCOES
requirement for promotion to pay grades E-5 through E-7 was suspended.  It
noted that Soldiers administratively reduced prior to 1 January 2004 based
on their inability to complete the required NCOES course were not affected
by this decision.

10.  The Army's ANCOC general attendance policy, outlined by the NCO
Education System (NCOES) branch at the Army’s personnel center, states that
Soldiers who, on or after 1 October 1993, accept a conditional promotion,
and who are subsequently denied enrollment, declared a no-show, become
academic failures, or otherwise do not meet graduation requirements, will
have their promotions revoked and will be administratively removed from the
centralized promotion list.  De facto status will be granted and they will
retain the pay incurred from the effective date of promotion to the date
the Soldier was disenrolled, denied enrollment, or failed to show on the
report date for that class. The applicant’s revocation of his promotion
order indicates that he was granted de facto status for pay purposes
between 1 February 2002 and 14 June 2002, suggesting that he was denied
enrollment in June 2002.

11.  Further, the NCOES policy indicates that Soldiers denied enrollment,
who feel there was an error, injustice or some other type of wrongdoing
that contributed to this status, may request reinstatement through the
Army’s NCOES Reinstatement Panel.  If the voting panel finds
irregularities, it can reinstate the Soldier's name on the promotion
selection list and reschedule attendance at the ANCOC.

12.  Army Regulation 600-8-104 establishes the policies and provisions for
initiating and maintaining an individual OMPF.  It notes that documents
filed in the OMPF “must be permanently kept to record a Soldier’s military
service, manage a Soldier’s career, [and] protect the interests of both the
Soldier and the Army.  It states specifically that letters of failure to
complete an Army service school resident course of instruction and
promotion or reduction orders are filed in the OMPF.  Once placed in the
OMPF, the documents become a permanent part of that file and may only be
removed, or moved to another part of the file, by specific agencies, one of
which is this Board.

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the applicant’s argument, the NCOES Reinstatement Panel did
not find his removal from ANCOC “to be erroneous” but merely noted that
there were “inconsistencies in the taping of the soldier.”  They did not
render a judgment on whether the applicant had in fact failed or not failed
to meet the standards of Army Regulation 600-9.

2.  Although the applicant has requested that the 15 July 2002 memorandum
notifying him of his removal from ANCOC be expunged from his file, the
removal of that single document could only create further confusion, in
view of the fact that his OMPF contains both his promotion and reduction
orders to pay grade
E-7, and the memorandum reinstating him to the promotion list.

3.  The documents associated with the applicant’s removal from the
promotion list based on his release from ANCOC, his promotion and reduction
orders to pay grade E-7, and the notification that he had been reinstated
to the promotion list, are all correctly filed in the applicant’s OMPF.
Expunging one without expunging all of the documents would serve no
purpose.  Retention of the document, on the other hand, accomplishes the
purpose for which it was filed in the first place, as a record of the
applicant’s military service, and to protect his interests as well as the
Army.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___HF __  ___MT __  ___PF___  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.





                                  _______Hubert Fry_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002762                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050223                                |
|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.                      |133.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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