BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130006477 


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 reinstatement to the rank/pay grade of (SFC)/E-7 and placement on the Retired List in that pay grade. 

2.  The applicant states that he was wrongfully dismissed and stripped of his rank after he failed the Army Physical Fitness Test (APFT) while attending the 79R4O Advanced Noncommissioned Officer Course (ANCOC) at Fort Jackson, South Carolina.  He goes on to state that he never received a DA Form 1059 for the dismissal and there is nothing in his records.

3.  The applicant provides a two-page letter explaining his application, a third-party letter from a fellow student who is also now retired, and a copy of an email from an official at the Training and Doctrine Command indicating that the applicant's ANCOC records are no longer available.

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was serving in the pay grade of E-6 as a recruiter in New York when he was conditionally promoted to the pay grade of E-7 on 1 January 1999.  His promotion order specified that the order would be revoked and his name would be removed from the centralized promotion list if he failed to meet the Noncommissioned Officer Education System (NCOES) requirements.

3.  The facts and circumstances surrounding his removal from ANCOC are not present in the available records; however, his records do contain a memorandum from the Total Army Personnel Command (TAPC), dated 5 October 2000, notifying him that he had been administratively removed from the promotion selection list due to APFT failure and his disenrollment from ANCOC.  There is no evidence in his records to show he appealed his dismissal from ANCOC or his removal from the promotion selection list.

4.  On 31 May 2003, he was honorably retired due to sufficient service for retirement and placed on the Retired List effective 1 June 2003.  He had served 20 years and 12 days of active service.

5.  The third-party statement submitted by the applicant with his application from a fellow ANCOC student simply states the applicant failed his first APFT and passed a second test.  After staying in the course and completing all the training and requirements he was given an APFT during inclement weather.  He failed that APFT and he was dismissed from the course. 

6.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides in paragraph 4-16 that the Human Resources Command (formerly TAPC) will delete, without further board action, the name of any Soldier from the recommended list who is defined as failing to attend, having failed to complete for cause or academic reasons or being denied enrollment to the required NCOES course for cause.

7.  Title 10, U.S. Code provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held, as determined by the 


Secretary of the Army, upon completion 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be reinstated to the pay grade of   E-7 and that he should have been retired in that grade has been noted and appears to lack merit.

2.  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.

3.  While there are no documents in his official records regarding his disenrollment from ANCOC, the memorandum from TAPC clearly states that he was disenrolled from ANCOC due to APFT failure and the applicant has failed to provide sufficient evidence to show that his disenrollment or removal from the promotion standing list were unjust or in error.

4.  In any event, there is no evidence to show the applicant appealed either action at the time and it appears that he was properly removed from the promotion standing list due to not meeting the conditional requirement of his promotion (completing the NCOES requirements for his grade).

5.  Inasmuch as he did not meet the conditions of his promotion by completing the NCOES requirements for his grade, his promotion to the pay grade of E-7 was properly revoked and therefore his service in the pay grade of E-7 was not satisfactory for retirement purposes. 

6.  The applicant’s contentions and supporting documents have been carefully considered; however, they are not sufficiently mitigating to warrant relief when considering the lack of evidence to show an error or injustice in his case and the passage of time that has elapsed since he was removed from the promotion standing list.

7.  Accordingly, there appears to be no basis to grant his request for reinstatement to the pay grade of E-7 or retirement in that pay grade.



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)                                         AR20130006477



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ABCMR Record of Proceedings (cont)                                         AR20130006477



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