IN THE CASE OF:
BOARD DATE: 16 September 2008
DOCKET NUMBER: AR20080010872
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her rank be restored to staff sergeant/E6.
2. The applicant states, in effect, she was reduced from staff sergeant to sergeant/E5 effective 15 January 2003 for failure to complete the Basic Noncommissioned Officer Course (BNCOC). She contends that prior to attending BNCOC she had medical issues and that she was never properly counseled regarding her medical issues before attending the class.
3. The applicant provides reduction orders; promotion orders; a DA Form 4856 (Developmental Counseling Form); an email; a DA Form 1059 (Service School Academic Evaluation Report); a memorandum, dated 15 January 2003; and three medical records.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the U. S. Army Reserve (USAR) in an Active Guard Reserve (AGR) status in the rank of sergeant.
2. Orders show the applicant was promoted to staff sergeant effective 1 August 2000. These orders also state, in pertinent part, that Soldiers accepting a conditional promotion and are subsequently denied enrollment, declared a No Show, becomes academic failures or otherwise does (sic) not meet graduation requirement, will be reduced to the grade and rank held prior to the conditional promotion.
3. A DA Form 1059, dated 15 January 2003, shows that the applicant failed Phase I of BNCOC (period of report from 6 January 2003 to 15 January 2003). She was disenrolled from the course for failure to meet course standards and she did not achieve the minimum passing score on the Army Physical Fitness Test (initial examination and retest).
4. A memorandum, dated 15 January 2003, stated the applicant was eliminated from BNCOC due to being a multiple Army Physical Fitness Test failure.
5. On 15 January 2003, the applicant sought medical treatment for a complaint of vaginal bleeding with clots, weakness, and chills.
6. Orders, dated 30 January 2003, show the applicant was reduced from staff sergeant to sergeant effective 15 January 2003 under the provisions of Army Regulation 140-158, paragraph 7-12d, for failure to complete the required Noncommissioned Officer Education System (NCOES) course.
7. In support of her claim, the applicant provided medical documentation which shows she was treated for irregular vaginal bleeding on 3 December 2002 and on 15 January 2003.
8. Army Regulation 140-158, in effect at the time, prescribed policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted Soldiers of the USAR. Paragraph 1-14v of this regulation states that a Soldier will not be advanced or promoted as long as he or she is not a graduate of the NCOES course required for his or her current grade. Paragraph 7-12d (failure to meet conditional promotion NCOES requirements) of this regulation states that a Soldier who accepts a promotion with the condition that he or she must enroll in, and successfully complete, a specified NCOES course, and fails to meet those conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a No-Show, will be reduced to the grade and rank held prior to the conditional promotion. Paragraph 8-2d of this regulation states that a Soldier with the rank of staff sergeant must be a graduate of the BNCOC - Active Army, the BNCOC-RC; or the Special Forces Qualification Course; or one of the courses listed in 8-2c above.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention was considered.
2. However, it appears she was eliminated from BNCOC due to multiple Army Physical Fitness Test failures. Presumably those multiple tests were not administered all on one day, yet the applicant provided evidence to show she sought treatment only on the day she was eliminated.
3. Since there is no evidence to show the applicant graduated from BNCOC, there is an insufficient basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ __xx____ 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.
_______ _ xxxx_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080010872
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