IN THE CASE OF:
BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100018730
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 that he be restored to the rank of sergeant first class (SFC)/E-7.
2. The applicant states, in effect, that his rank was unjustly taken away from him because he had a bad elbow for which he is receiving service-connected disability and he received no help or rehabilitation, just removal of his rank.
3. The applicant provides a copy of a DA Form 4856 (General Counseling Form) and a copy of his temporary duty (TDY) orders to attend the Advanced Noncommissioned Officer Course (ANCOC).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 13 September 1983 for training as a track vehicle repairer. He served through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 1 February 1994.
3. On 1 July 1998, while serving as a recruiter in Michigan, the applicant was conditionally promoted to the pay grade of E-7. His promotion orders specified that his orders would be revoked and his name would be removed from the promotion list if he failed to meet the Noncommissioned Officer Education System (NCOES) requirements (completion of ANCOC).
4. The applicant departed Detroit, Michigan on 20 September 1998 for Aberdeen Proving Ground, Maryland to attend ANCOC.
5. On 22 September 1998, the applicant failed the push-up event of his Army Physical Fitness Test (APFT) and he was denied enrollment in the ANCOC.
6. On 15 October 1998, he was administratively removed from the Promotion Selection List by the Total Army Personnel Command and restored to the rank of staff sergeant E-6 with a date of rank (DOR) of 1 February 1994.
7. On 30 September 2003, he was retired and transferred to the Retired List in the pay grade of E-6 effective 1 October 2003. He had served 20 years and 18 days of total active service.
8. A review of his evaluation reports show he passed his yearly APFT both before and after his failure of the APFT for attendance at ANCOC and he continued to pass his APFT until he retired.
9. Army Regulation 600-8-19 (Enlisted Promotions), in effect at the time, provided, in pertinent part, that Soldiers could be promoted conditionally provided they completed the NCOES requirements for their grade subsequent to their promotion. Failure to complete the NCOES requirements would result in their orders being revoked and removal from the promotion standing list.
DISCUSSION AND CONCLUSIONS:
1. The applicant was conditionally promoted to the pay grade of E-7 with the understanding that he must complete the NCOES requirements for his pay grade. In his case completion of ANCOC was necessary for him to retain his promotion and he failed to do so.
2. Additionally, his evaluation reports show he continued to serve until his retirement and he passed his APFT every year until he retired.
3. While he contends that he had a medical problem with his elbow, he has failed to show through the evidence of record or the evidence submitted with his application that he had a medical condition that prevented him from passing his APFT at the time.
4. Therefore, in the absence of sufficient evidence to show that he was unjustly removed from the promotion list in accordance with the regulations in effect at the time, there appears to be no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ ___X___ ___X___ 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.
_______ _ X______ ___
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) AR20100018730
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018730
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 20040000768C070208
One of the statements, included with his appeal for reinstatement, noted that in February 2003 the applicant was “selected to attend an ANCOC class” and that immediately upon notification he, (the author of the statement), began a physical training program with the applicant. In November 2003 the Army’s personnel command released a message announcing that the NCOES requirement for promotion to pay grades E-5 through E-7 was suspended. While the Board is certainly sympathetic to the...
ARMY | BCMR | CY2009 | 20090005461
The applicant states there was a push to control failures of the Noncommissioned Officer Education System (NCOES) candidates by requiring Soldiers to pass the Army physical fitness test (APFT) at the unit. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, stated that effective 1 October 1993, the Army linked NCOES to promotion to SSG, SFC, master sergeant (MSG) and sergeant major (SGM). The applicant accepted the promotion with the condition and...
ARMY | BCMR | CY2004 | 2004100686C070208
In a 27 June 2003 surgical follow-up report, the applicant's attending physician offered the opinion that the applicant's back condition had its onset with the injury recorded in 1992 and that the condition was exacerbated during the April 2001 APFT. The applicant's Noncommissioned Officers Evaluations Reports (NCOERs), for the reporting periods between December 1998 and April 2004, indicate that he successfully performed duties as a sergeant first class (SFC) and was recommended for...
ARMY | BCMR | CY2002 | 2002069036C070402
This policy stated that soldiers, who have not yet attended ANCOC prior to their effective date of promotion to SFC, would be promoted "conditionally." The evidence of record shows that the applicant was administered an APFT on 11 April 2000, for preenrollment at ANCOC and failed the push-up event, which precluded him from attending ANCOC. The applicant's case was reviewed by the USAR AGR Enlisted Reduction Panel, which determined that the applicant should be reduced in rank for failing to...
ARMY | BCMR | CY2002 | 2002072707C070403
PERSCOM officials indicate that the applicant was conditionally promoted on 14 October 1999, and that this promotion was later revoked based on his failure to attend a scheduled ANCOC class due to a FLAG action based on his failure of a record APFT. The Army’s ANCOC general attendance policy outlined by the PERSCOM NCOES branch states, in pertinent part, that is currently no deadline in determining when the soldier must attend ANCOC. The evidence of record clearly shows that the applicant...
ARMY | BCMR | CY2002 | 2002072622C070403
Because a record APFT taken within 60 days of attendance was required for him to attend the ANCOC, he took the APFT on 3 June 1999, and he failed the 2 mile run portion of the test, which resulted in his failure of the record APFT. The applicant concluded his reinstatement request to PERSCOM by commenting that the Baltimore Recruiting Command, his unit, failed him and the Army by failing to abide by Army regulations, policies, and procedures. The Board also finds no evidence to show that...
ARMY | BCMR | CY2013 | 20130006477
There is no evidence in his records to show he appealed his dismissal from ANCOC or his removal from the promotion selection list. The applicant was promoted to pay grade of E-7 on 1 January 1999 with the condition that he successfully complete ANCOC; however, the applicant was released from ANCOC due to APFT failure and his name was removed from the promotion standing list effective 5 October 2000. In any event, there is no evidence to show the applicant appealed either action at the time...
ARMY | BCMR | CY2003 | 2003085797C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Reinstatement to the pay grade of E-7 and attendance at the next Advance Noncommissioned Officer Course (ANCOC) class. At the time he was promoted to the pay grade of E-7, his promotion orders specified that personnel who did not have ANCOC credit were promoted conditionally and that failure to meet the Noncommissioned Officer Education System (NCOES)...
ARMY | BCMR | CY2014 | 20140016616
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. Applicants do not have a right to a hearing before the ABCMR. Although there are no documents in his official records regarding his disenrollment from ANCOC, the memorandum from TAPC states he was disenrolled from ANCOC due to APFT failure and he has failed to provide sufficient evidence to show that his disenrollment or removal from the promotion standing list were unjust or in error.
ARMY | BCMR | CY2002 | 2002077430C070215
The applicant states, in effect, that he was declared a no-show for attendance at a scheduled ANCOC class in May 2001, and was subsequently administratively removed from the SFC/E-7 promotion and ANCOC attendance lists as a result. Order Number 144-4, dated 24 May 2001, published by PERSCOM, revoked the applicant’s promotion to SFC/E-7, and the Chief, Enlisted Promotions Branch, PERSCOM, notified the commander, Fort Knox, that the applicant’s name was administratively removed from the...