RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              05 DECEMBER 2006
      DOCKET NUMBER:         AR20050014653


      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. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Randolph Fleming              |     |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 reinstatement to the pay grade of E-7.

2.  The applicant states, in effect, that he was promoted to the pay grade
of E-7 in 2001 and before he could attend the Advanced Noncommissioned
Officer Course (ANCOC) he injured his shoulder and could not attend the
course.  He notified his branch manager for rescheduling and began taking
steroid injection treatments, which caused a rapid weight gain and put him
over his allowed body fat.  As a result, he was flagged and while serving
in Iraq, his promotion was revoked.  He goes on to state that he was not
notified that he was being reduced in grade and that his failure to attend
the ANCOC was through no fault of his own.  He did not attend the ANCOC
because of an injury, rehabilitation and two deployments to the Middle
East.

3.  The applicant provides numerous documents relating to his medical
condition, profile, letters from his chain of command and documents related
to his removal from the Sergeant First Class Promotion List.

CONSIDERATION OF EVIDENCE:

1.  He initially served on active duty from 17 February 1989 until he was
honorably released from active duty on 1 June 1991 due to the expiration of
his term of service (ETS).

2.  He enlisted in the Florida Army National Guard (FLARNG) on 18 October
1991 and served with the FLARNG until he again enlisted in the Regular Army
on 2 December 1993.  He has remained on active duty through a series of
continuous reenlistments.

3.  He was promoted to the pay grade of E-6 on 1 October 1996 and served a
tour as a drill sergeant at Fort Benning, Georgia, before being transferred
to Germany for assignment to the 1st Squadron, 4th Cavalry Regiment.

4.  On 12 April 2001, orders were published which promoted the applicant to
the pay grade of E-7 effective 1 May 2001.  The orders specified that the
promotion was conditional and that failure to meet the Noncommissioned
Officer Education System (NCOES) requirements (completion of ANCOC) would
result in removal from the centralized promotion list and revocation of the
promotion.

5.  In December 2001, the applicant injured his right shoulder and
underwent treatment for severe impingement of the rotator cuff of the right
shoulder and suprascapular nerve entrapment of the right shoulder girdle.
He was placed on profile and began physical therapy for his injuries.
During the course of treatments he was given steroid treatments and was
unable to train physically.  As a result of the steroid treatments he
experienced a rapid weight gain which resulted in his not being able to
meet weight standards and being flagged and placed on the weight control
program.  Meanwhile, he deployed with his unit to Turkey for 2 months.

6.  On 27 May 2003, orders were published which directed the administrative
removal of the applicant from the centralized list and revocation of his
promotion.

7.  In August 2003 he underwent an Arthroscopy and an open shoulder
decompression.  He was medically evacuated to Walter Reed Army Medical
Center for additional tests and preparation for additional surgery.  Due to
scheduling problems, the applicant did not receive the surgery and was
returned to his unit in Germany.  Meanwhile, his unit was deploying to Iraq
in support of Operation Enduring Freedom and the applicant deployed with
his unit rather than wait for surgery.

8.  His records show that he served in Iraq from March 2004 to February
2005 and that he performed over 400 combat patrols.  He was awarded the
Bronze Star Medal and Purple Heart during that tour.

9.  On 12 July 2005, a memorandum was dispatched from the Human Resources
Command (HRC) – Alexandria, informing the applicant’s commander that the
applicant had been considered for promotion to the pay grade of E-7 by a
Standby Advisory Board that adjourned on 14 June 2005 and that the
applicant was not recommended for promotion to the pay grade of E-7 under
the criteria of the Fiscal Year 2005 SFC Promotion Selection Board.

10.  A review of his records show that despite his reduction back to the
pay grade of E-6, the applicant has continued to perform at the E-7 level
and that he has the support of his entire chain of command for
reinstatement back to the pay grade of E-7.

11.  In the processing of this case a staff advisory was obtained from the
Specialized Training Management Branch of the HRC – Alexandria, which
opines that the applicant should be considered for reinstatement to the pay
grade of E-7 because the applicant’s weight gain was a direct result of his
medical treatment and his inability to participate in a physical fitness
program.  The advisory opinion was provided to the applicant and he
concurred with the opinion as written.

12.  Army Regulation 600-8-19, Enlisted Promotions and Reductions,
provides, in pertinent part, that Soldiers who fail to successfully
complete, fail to remain eligible to be scheduled or attend, who are denied
enrollment in, or who do not attend their scheduled NCOES class (through
fault of the Soldier) will be administratively reduced and/or removed from
the promotion list.  The effective date of administrative reduction is the
date of the action that caused the Soldier to be ineligible to retain the
promotion.  These Soldiers must re-compete for promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicable regulations require that a conditional promotion be
revoked and that the individual concerned be removed from the promotion
standing list when they fail to complete the NCOES requirements through
their own fault.

2.  However, the evidence in the case clearly shows that the applicant’s
failure to attend the ANCOC was through no fault of his own.  He was
seriously injured and as a result of the treatment he received, he was
further prevented from attending a re-scheduled class because he had gained
weight from the treatments.

3.  Meanwhile, the applicant deployed twice to the Middle East Theater of
Operations and continued to perform with distinction the duties of an E-7,
despite having been removed from the promotion list.

4.  Inasmuch as the applicant’s failure to complete the NCOES was through
no fault of his own, it appears that the applicant was inappropriately
removed from the promotion list and his promotion to the pay grade of E-7
was revoked.

5.  While it is unusual for individuals not to complete the NCOES
requirements within 1 year of being promoted, it is not unheard of.  Given
the applicant’s circumstances where he was seriously injured 1 month prior
to his scheduled attendance at the ANCOC and the length of time for him to
recover, which was further delayed by two deployments to the Middle East,
the circumstances in this case dictate that the applicant not be penalized
for events that were not within his control.

6.  Accordingly, the applicant should be granted an exception to policy in
this case by reinstating him to the pay grade of E-7 effective 1 May 2001,
with entitlement to back pay and allowances from the date his original
promotion was revoked.

7.  Additionally, the applicant should be afforded the opportunity to
attend the ANCOC as soon as he is cleared to do so, with the understanding
that his promotion remains conditional on his successful completion of the
ANCOC and that he will be ineligible for consideration for promotion to the
pay grade of E-8 until he completes the ANCOC.

8.  In addition, all documents related to his reconsideration for promotion
to the pay grade of E-7 by subsequent boards should be removed from his
Official Military Personnel File (OMPF).

BOARD VOTE:

___WP__  ___TR __  ___RF___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected as
an exception to policy, by reinstating him to the pay grade of E-7
effective 1 May 2001, with entitlement to all back pay and allowances from
the date his promotion was revoked, that he be scheduled for attendance at
the ANCOC as soon as he is cleared to do so, with the understanding that
his promotion remains conditional on successful completion of the course
and that all documents related to subsequent considerations for promotion
to the pay grade of E-7 be removed from his OMPF.


            _____William Powers_________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050014653                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/05                              |
|TYPE OF DISCHARGE       |AC soldier on AD                        |
|DATE OF DISCHARGE       |AC soldier on AD                        |
|DISCHARGE AUTHORITY     |AC soldier on AD                        |
|DISCHARGE REASON        |AC soldier on AD                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |312/re mfr rec list                     |
|1.131.0200              |                                        |
|2.131.0000              |310/prom reinstatement                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]