MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 March 1999                   
	DOCKET NUMBER:   AC98-11574
                                              AR1998014406

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be reinstated to the promotion selection list for sergeant first class (E-7) and that he be permitted to attend the next available advanced noncommissioned officers course (ANCOC)

APPLICANT STATES:  That he was removed from ANCOC class number 2-98 and from the promotion selection list for E-7 based upon inconsistent measurements of his body fat content.  He contends that he has always remained in compliance with the Army body fat standards and that the unit’s measurements were simply inaccurate.  In support of his application he submits copies of his body fat content worksheets, memorandums, counseling statements, and a Department of the Army military personnel (MILPER) message number 94-24 which provides guidance for the linkage of professional development training to promotion.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Army on 31 July 1985 for 3 years.  He successfully completed his initial training and was assigned for duty as a motor transport operator (64C). He attained the rank of staff sergeant and was still on active duty at of the time of his application to this Board.

On 4 September 1997 the applicant underwent a height and weight evaluation by his unit first sergeant to determine if he was within the Army standard.  The applicant was 39 years of age at the time.  His weight was recorded as being 175 pounds and his height was recorded as being 65 inches.  The standard for his height was 163 pounds.  He was measured for body fat content and was found to have 23.08 percent body fat.  The standard was no more than 24 percent body fat.

On 8 September 1997 the applicant underwent another height and weight evaluation, this time by the battalion command sergeant major.  This time he weighed 174 pounds and had 24.26 percent body fat, exceeding the Army standard for both weight and body fat content.

On 8 September 1997 the applicant’s battalion commander requested that he be deferred from attending the ANCOC class number 2-98, because he was not currently in compliance with the Army standards for weight and body composition.

On 9 September 1997 the applicant was counseled by his first sergeant, informing him that he was found to have exceeded the Army standard for weight and body fat content.  The applicant acknowledged that he was not within the Army standard and that he must lose weight and reduce his body fat.

On 10 September 1997 the applicant was placed into the weight control program and given a goal of 3 to 8 pounds of weight loss per month.  He was informed that failure to make satisfactory progress could result in separation from the service.

On 2 October 1997 the applicant again underwent a height and weight evaluation by his first sergeant.  His weight was recorded as being 172 pounds with a body fat content of 23.76 percent.  He was determined to be in compliance with Army standards.

On 5 December 1997 the Chief, Noncommissioned Officers Education System (NCOES), Total Army Personnel Command (PERSCOM), identified the applicant as having failed to attend ANCOC in the year for which scheduled, due to failing to meet height/weight and body fat composition standards and that he must be removed from the promotion standing list to sergeant first class under the provisions of MILPER message 94-24, dated October 1993.

On 9 September 1998 the applicant’s installation commanding general requested that he be reinstated to the promotion standing list and be permitted to attend the next available ANCOC class.  The general based his request on the improper consideration of paragraph 21f of Army Regulation 600-9, which provided guidance for removal from the weight control program.

On 23 September 1998 the NCOES Reinstatement Panel, PERSCOM, disapproved the request to reinstate the applicant.  Their response indicated that all matters submitted in extenuation and mitigation were taken into consideration but that the reasons did not warrant reinstatement or reversal of the decision regarding the applicant.

MILPER Message Number 94-24, Subject: Procedural Guidance for the Linkage of NCOES to Promotion – ANCOC and USASMC, dated 22 October 1993, provides in paragraph 6 that soldiers who on or after 1 October 1993 are denied enrollment, declared “no-shows”, become academic failures or otherwise do not meet the graduation requirements prior to their sequence numbers being reached, will not be promoted and will have their names administratively removed from the centralized promotion list.  Provided otherwise eligible, staff sergeants removed from the list will be considered by the next regularly scheduled board.

Army Regulation 600-9 establishes policies and procedures for implementation of the Army Weight Control Program.  That regulation provides, in pertinent part, that commanders and supervisors will monitor all members of their command to insure that they maintain proper weight, body composition, and personal appearance.  It provides that the maximum allowable percent of body fat for a male in the age group 28 to 39 is 24 percent.  Paragraph 21f provides that commanders and supervisors will remove individuals administratively from a weight control program as soon as the body fat standard is achieved.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was properly identified by his supervisor as exceeding the Army weight and body composition standard for his gender and age group and was properly placed into a weight control program.  The applicant acknowledged that he exceeded the Army standard and had to lose weight and body fat.

2.  As a result of his exceeding the above mentioned standard, and in accordance with established Army policy, the applicant was denied enrollment into ANCOC class 2-98 and was subsequently removed from the promotion standing list for failure to attend ANCOC in the year for which scheduled due to not meeting the Army standard for weight and body composition.

3.  The applicant’s contention that he always remained within the Army body fat standards is inconsistent with his acknowledgement of being overweight and exceeding the body fat composition standard at the time of his evaluation.  Furthermore, he has not provided any substantiating evidence that the measurements of his height, weight and body fat content were in error.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11574/AR1998014406	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990318	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.07	
2.	131.02	
3.		
4.		
5.		
6.