RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20070001541 


	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. Gerard W. Schwartz

Acting Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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 his Official Military Personnel File (OMPF) be corrected by permanently removing a memorandum dated 22 August 2001 with subject:  Administrative Removal from the Promotion Selection List.

2.  The applicant states, in effect, that he was denied enrollment to the Advanced Noncommissioned Officer Course (ANCOC) on August 2001 and as a result, he was administratively removed from the promotion selection list.  He was reduced to staff sergeant because he did not meet the height and weight standards by  
.029 percent.

3.  He states that he submitted an appeal to be reinstated on the promotion selection list and the appeal was approved.  He returned to ANCOC in April 2002 and completed phase I and II on 2 July 2002.  He states, in effect, that the memorandum for administrative removal from the promotion list should be removed from his OMPF because he was reinstated and was placed back unto the promotion selection list.  He concludes that the memorandum has been a negative discriminator against him for the past two years during the master sergeant promotion selection board.  Also, he states that the memorandum had no disposition since the Department of the Army Agencies do not keep records longer than two years.

4.  The applicant provides:

     a.  a copy of a memorandum for Notification of Denied Enrollment (Overweight), dated 13 August 2001;

     b.  a copy a memorandum for Administrative Removal from the Promotion Selection List, dated 22 August 2001;

     c.  two copies of a letter in support of the applicant's reinstatement, dated  
2 September 2001 and 15 September 2001.  In both letters, the applicant's chain of command strongly recommended reinstatement on behalf of the applicant;

     d.  a copy of a Request for Reinstatement, dated 5 October 2001; and

     e.  a copy of several DA Form 5500 (Body Fat Content Worksheet).

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he is assigned to Company A, 72nd Signal Battalion, Manheim, Germany.

2.  The records show that the applicant was scheduled to attend ANCOC in August 2001.  Before he left for ANCOC his unit administered a height and weight measurement.  A DA Form 5500, dated 7 August 2001, shows that his actual body fat content was 23.45 percent which is under the authorized body fat content of 24 percent.  This meant that he was in compliance with the Army standards prior to attending ANCOC.

3.  He attended ANCOC on 11 August 2001 in a temporary duty and return status.  Based on the NCO Academy preliminary procedures, the applicant was measured for compliance with height and weight standards and, according to the DA Form 5500 dated 13 August 2001, the applicant was not in compliance with the Army standards.  The authorized body fat content at that time of measurement was 24 percent; however, his actual body fat content as measured by the NCO Academy was 24.29 percent.

4.  In order to verify the measurement, the applicant was escorted to another location at the NCO Academy.  Another DA Form 5500, dated 13 August 2001, shows that the applicant's body fat content was measured at 25.00 percent.

5.  In a memorandum from the NCO Academy, dated 13 August 2001, it states that the applicant was denied enrollment from ANCOC and that the action was based on the applicant's failure to meet the height and weight requirements of the applicable regulation.  The applicant states that upon returning to his unit on 14 August 2001, his first sergeant did his measurement and he was in compliance with the Army standards.  However, he did not submit the record of that measurement.

6.  A DA Form 5500, dated 16 August 2001, shows that the applicant's actual body fat content was 23.30 percent.  Another DA Form 5500, dated 30 August 2001, shows that the applicant actual body fat content was 22.33 percent.  On  
11 September 2001, a DA Form 5500 shows that the applicant's actual body fat content was 22.71 percent.

7.  On 5 October 2001, the applicant submitted his appeal to be reinstated and it was approved.

8.  Army Regulation 600-9 (Army Weight Control Program), states, in pertinent part, that personnel arriving overweight at a professional military school will be denied enrollment, except: for personnel on temporary duty and return status, or a temporary duty en route to a permanent change of station, if in the opinion of commander or the school commandant that the Soldier has the potential to meet the body fat standards by the end of the course or within 30 days, whichever comes first.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) states, in pertinent part, that documents authorized for filing in the OMPF under previous versions of this regulation will remain on the OMPF unless removal is authorized by The Army Board for Correction of Military Records (ABCMR).  The image of those documents approved for removal from
microfiche records will be made illegible.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his OMPF be corrected by permanently removing the memorandum, dated 22 August 2001, with subject: Administrative Removal from the Promotion Selection List.

2.  His records show that he met all of his body fat content measurements except for the two measurements given at the NCO Academy shortly after his arrival at the course.  Given that record, the NCO Academy should have given the applicant the appropriate time to make the body fat standards within 30 days or before the end of the course.  Also, the appropriate authority approved the applicant’s request to return to ANCOC and to be placed back on the promotion selection list.  As such, it would be in the interest of justice to have the memorandum, subject: Administrative Removal from the Promotion Selection List, dated 22 August 2001, permanently removed from the applicant's OMPF to insure it will not adversely affect the applicant in the future.    

BOARD VOTE:

___lwr__  ___mkp__  ___reb___  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by permanently removing the memorandum, subject: Administrative Removal from the Promotion Selection List, dated 22 August  
2001, from his OMPF.




_________Margaret K. Patterson____
          CHAIRPERSON




INDEX

CASE ID
AR20070001541
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.