RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060000235


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, in effect, advancement on the Retired List to
the rank of sergeant first class/pay grade E-7.

2.  The applicant states, in effect, that he was promoted to the rank of
sergeant first class on 1 January 2001 and scheduled to attend Advanced
Noncommissioned Officers' Course (ANCOC) in April 2001.  He continues that
the physician would not clear him for attendance to ANCOC when several
medical complications arose during his physical examination.

3.  The applicant provides a copy of U.S. Total Army Personnel Command,
Alexandria, Virginia Order Number 347-21, dated 13 December 2001; a DA Form
1059 (Service School Academic Evaluation Report), dated 23 April 2003; and
a letter from the Department of Veterans Affairs Foreign Medical Program
Office, dated 23 November 2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 14 June 1984.  He continued to
serve through a series of reenlistments until he was honorably release from
active duty for the purpose of retirement on 30 June 2004.

2.  U.S. Total Army Personnel Command Order Number 347-21, dated
13 December 2001, authorized the applicant’s promotion to sergeant first
class/pay grade E-7, effective 1 January 2002.  The special instructions of
these orders, in part, state that staff sergeants promoted to sergeant
first class who do not have ANCOC credit are promoted conditionally.  Those
Soldiers who receive a conditional promotion will have their orders revoked
and their names removed from the centralized list if they fail to meet the
Non-Commissioned Officer Education System (NCOES) requirement.

3.  A review of the applicant's service records do not contain any medical
documents which show he was diagnosed with a medical condition that
prevented him from attending ANCOC.

4.  The applicant's service records contain a DA Form 1059, dated 15 April
2003, which shows the applicant was enrolled in the ANCOC (PH1) 012-03(2)
course for the period 31 March 2003 through 15 April 2003.  This form shows
that the applicant achieved course standards for Phase 1 of the ANCOC
course.


5.  A DA Form 1059, dated 23 April 2003, shows the applicant was enrolled
in the ANCOC (75H) 011-03 course for the period 16 April 2003 through 20
May 2003.  This form shows the following entries:

      a.  Item 13 (Performance Summary) of this form contains an "X" in
block d (Failed to Achieve Course Standards);


      b.  Item 14e (Evaluation of Student's Research Ability) contains an
"X" in the "UNSAT" [unsatisfactory] block;


      c.  Item 15 (Has the Student Demonstrated the Academic Potential for
Selection to Higher Level Schooling/Training?) contains an "X" in the "NO"
block; and


      d.  Item 16 (Comments) contains the following entry: "13d, 14e, 15
Academically eliminated due to failure of initial test on Monitor Finance
Action and the retest."

6.  U.S. Total Army Personnel Command Order Number 139-6, dated 19 May
2003, revoked U.S. Total Army Personnel Command Order Number 347-21, dated
13 December 2001, pertaining to the applicant's promotion to sergeant first
class.  These orders stated the following: "SSG [applicant's name omitted]
has been administratively removed from the CY200105 SFC Promotion List.
SSG [applicant's name omitted] is granted defacto status for the period
20020101 thru 20030423."

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states,
in pertinent part, that a Soldier must be an ANCOC graduate for promotion
to sergeant first class. Soldiers who are selected for promotion to
sergeant first class but have not met the NCOES requirement will be
promoted conditionally.  Soldiers who fail to successfully complete or do
not attend their scheduled NCOES class will be administratively reduced and
removed from the list.  Provided otherwise eligible, those Soldiers will
recompete to regain promotable status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to advancement on the retired
list to the grade of sergeant first class/pay grade E-7.


2.  The applicant contends that he was not able to attend ANCOC due to
medical conditions that arose during his physical examination.  The
applicant's service records did not contain any medical records and the
applicant did not submit sufficient evidence showing that he was medically
disqualified for attendance in ANCOC.

3.  Applicable regulation shows that completion of NCOES is mandatory for
promotion to sergeant first class and that failure to complete this
requirement will result in reduction and removal from the promotion list.

4.  Evidence shows the applicant was selected for a conditional promotion
for the grade of sergeant first class.  Evidence shows he was academically
eliminated from Phase II of ANCOC based on his failure to successfully pass
two tests.  As a result, the applicant's promotion to the grade of sergeant
first class was revoked in accordance with the applicable regulation.

5.  Evidence shows the applicant was separated in the rank of staff
sergeant.  The applicant's records are correct as currently constituted and
there is no basis to grant the relief requested.

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

_RDG___  _PMS  ___  _LMD___  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.




                                      _Paul M. Smith___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000235                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  310  |131.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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