RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            16 MAY 2006
      DOCKET NUMBER:   AR20050011887


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Frank Jones                   |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 he be reinstated to the pay grade of E-7
and placed on the Retired List in that pay grade.

2.  The applicant states that he was conditionally promoted to the pay
grade of  E-7 on 1 September 1999 and due to major staff changes at his
unit, he was not informed that he had been scheduled to attend the Advanced
Noncommissioned Officer Course (ANCOC).  Therefore, he was unable to attend
within the 12 month enrollment and 24 month completion time-frame.  He goes
on to state that he completed the correspondence portion of the ANCOC but
failed to complete the resident phase.  He also states that the unit failed
to conduct the necessary counseling to reduce him from the pay grade of E-7
to E-6 and failed to produce reduction orders.  He further states that he
held the pay grade of E-7 for 4 years and should be retired in that pay
grade.

3.  The applicant provides copies of his promotion and retirement orders,
his request for an exception to policy to re-enroll in the ANCOC, an
exception to policy message dated 2003, an electronic mail (e-mail) from a
command sergeant major (CSM) and an Army Public Affairs News Story dated
November 2003.

CONSIDERATION OF EVIDENCE:

1.  He initially enlisted in the Regular Army on 24 June 1980 and served
until he was honorably discharged in the pay grade of E-4 on 18 December
1986, under the provisions of Army Regulation 635-200, paragraph 5-15, due
to failure to meet body fat standards.

2.  He enlisted in the Virginia Army National Guard on 21 August 1987 and
served until he was honorably discharged on 20 August 1988, due to the
expiration of his term of service (ETS).

3.  On 17 November 1989, he enlisted in the West Virginia Army National
Guard and served there until he was honorably discharged on 7 June 1993 to
enlist in the United States Army Reserve (USAR).

4.  He enlisted in the USAR in Baltimore, Maryland, on 8 June 1993 for a
period of 6 years and assignment to a troop program unit (TPU) in Culpeper,
Virginia.

5.  On 29 April 1994, he transferred to a TPU in Washington, Missouri, and
on 18 December 1995, he transferred to a TPU in Farmington, Missouri.  On
1 October 1996, he transferred to a unit in Granite City, Illinois.  He was
serving in the pay grade of E-6 at the time.

6.  On 3 April 1997, he enlisted in the Missouri Army National Guard
(MOARNG) for a period of 6 years and served with the MOARNG until he was
honorably discharged on 24 May 1999 for the purpose of enlisting in the
USAR.

7.  He enlisted in the USAR on 25 May 1999 and was assigned to a TPU at
Fort Leonard Wood, Missouri.

8.  On 1 September 1999, the applicant was promoted to the pay grade of E-
7.  His promotion orders specified in the additional instructions that the
promotion was awarded with the condition that the applicant must be
enrolled in and successfully complete the Noncommissioned Officer Education
System (NCOES) course required for the grade to which promoted.  It further
stated that the Soldier understands and agrees that if he or she fails to
meet these conditions or is subsequently denied enrollment, or becomes an
academic failure, or does not meet graduation requirements, or is declared
a no-show, the Soldier is subject to reduction under Army Regulation 140-
158, paragraph 7-12d, to the grade and rank held prior to the promotion.
It also stated that the Soldier further understands that if reduced,
service performed in the higher grade will not be considered in determining
retirement grade, date of rank, or other determinations dependent on the
higher grade.

9.  The applicant was scheduled for attendance at the ANCOC Phase I course
on 13 May 2000 and was reported as a no-show.  He was subsequently
reassigned to a TPU in Granite City, Missouri, in September 2000.

10.  In November 2000, the applicant submitted a request to retain his rank
and to be given an opportunity to attend ANCOC Phase I.  He stated that he
was not informed by his previous unit that he had been scheduled for ANCOC
attendance and therefore missed his class through no fault of his own.  His
chain of command provided supporting statements and supported his request
to be granted an exception to policy and to be rescheduled for ANCOC
attendance.

11.  The applicant was rescheduled for attendance at ANCOC Phase I class
number 008-01 at Fort McCoy, Wisconsin, and on 25 August 2001, he was
denied enrollment by the Commandant of the United States Army
Noncommissioned Officer Academy, Fort McCoy, due to the applicant’s failure
to meet the body fat standards of Army Regulation 600-9 at the time of his
arrival.

12.  A review of the applicant’s records show that he received a
noncommissioned officer evaluation report (NCOER) covering the period from
February 2001 through January 2002, evaluating him as a drill sergeant.
That report shows that the applicant failed to meet the weight standards of
Army Regulation 600-9.  Additionally, his rank was that of an E-6 with a
DOR of 2 May 1994.

13.  His NCOER ending in August 2003 which also evaluated him as a drill
sergeant in the pay grade of E-6 also shows that he did not meet the body
fat standards of Army Regulation 600-9, that he failed his Army Physical
Fitness Test (APFT) and that he was not making progress in either area
(weight loss and passing APFT).

14.  On 26 August 2003, he was transferred to the USAR Control Group
(Retired) in the pay grade of E-6.

15.  The documents provided by the applicant include a message from the
Department of the Army indicating that effective 1 January 2004, the NCOES
requirements for promotion pin-on (E-5 through E-7) were suspended until
further notice in support of operational requirements.  He also provides a
clarification E-mail and a “ARNEWS” article dated 25 November 2003 titled
“Conditional Promotions Suspended Across Army.”

16.  In the processing of this case a staff advisory opinion was obtained
from the Human Resources Command – St Louis Promotion Branch which opines,
in effect, that the applicant’s request should be denied because by the
time the policy to suspend NCOES requirements was announced, the applicant
had already been transferred to the Retired Reserve.

17.  The opinion was provided to the applicant for comment and he responded
to the effect that he was never properly advised why he was being reduced
in grade and that he has never received a reduction order.  He also
contends that he was not properly afforded an opportunity to attend the
course because there were no slots.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding that conditional promotions were suspended
approximately 5 months after the applicant had been transferred to the
Retired Reserve, the applicant violated the conditions of his promotion as
early as August 2001, when he was denied enrollment to the ANCOC due to his
failure to meet body fat standards.  Accordingly, he was properly reduced
to the pay grade of E-6 upon his return to his unit from the ANCOC.

2.  The applicant’s contention that he was not properly counseled regarding
his reduction has been noted and it appears to be without merit.  The
applicant was clearly advised that his promotion was revoked because he
served for almost 2 years after he was denied enrollment, in the pay grade
of E-6.

3.  Although not contained in the available records, a conditional
promotion requires a revocation of the order to effect a reduction.  A
reduction order is not required to effect a reduction of a conditional
promotion.

4.  The applicant clearly was afforded the opportunity to attend the ANCOC
and was denied enrollment due to his failure to meet body fat standards.
He actually served in the pay grade of E-7 for about 2 years before he was
denied enrollment and was reduced back to the pay grade of E-6, which is
evidenced by his evaluation reports.

5.  The applicant’s contention that he should be allowed to retain the
promotion because conditional promotions have been suspended across the
Army has been noted and found to be without merit.  At the time the
applicant accepted the promotion, he did so under the established
conditions in effect at the time.  To allow him to retain the promotion
after he failed to meet the conditions of the promotion would afford him a
benefit not afforded to others in similar circumstances, who were held to
the standard in place at the time and complied with the conditions of their
promotion or who were reduced back to their former grade.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____BI __  ___FJ___  ___LD __  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.





                                  ______Bernard Ingold_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011887                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060516                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20030826                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 12                       |
|DISCHARGE REASON        |VOLUNTARY RETIREMENT                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |310/PROM                                |
|1.131.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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