MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            2 December 1998
	DOCKET NUMBER:   AC98-10222

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Margaret L. Patterson 		Member	
	Mr. John H. Kern		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 given all rank due him since 1978.

APPLICANT STATES:  That he has not received any rank advancement since 1978 while in the reserves.

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

That he enlisted in the Regular Army on 2 February 1962 for a 3 year term of service.  He served as a light vehicle driver on active duty for 2 years 11 months 27 days with no lost time.  During his active duty time, he served 2 years 
3 months 18 days in Europe.  On 28 January 1965, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his military obligation.  During his active duty, he achieved the rank and grade of Specialist Four (SP4) (Temporary) E-4 on 10 October 1964.  He was awarded the Sharpshooter Marksmanship Badge for M-14 rifle and M-60 machine gun.  On 28 January 1965, the applicant's temporary E-4 grade was made permanent under Army Regulation (AR) 140-158, Army Reserve Enlisted Personnel Classification, Promotion, and Reduction.  He was honorable discharged from the USAR Control Group Standby Reserve on 30 April 1969 at the expiration of his term of obligated service.

On 29 October 1977, the applicant enlisted as an E-4 in an Army Reserve Troop Program Unit (TPU), 361st Evacuation Hospital, Folsom, Pennsylvania, as a chaplain's assistant.  He was promoted to Sergeant E-5 on 20 October 1978.  On 1 December 1978, he transferred to the reserve unit 402d Military Police Prisoner of War Collection Point in Ashley, Pennsylvania.  He was initially assigned as an administrative specialist and then as a military policeman with duty as a prisoner compound sergeant.  He served in the 402d in Ashley until 16 October 1984 when he transferred to Detachment 2 of the 402d in Bethlehem, Pennsylvania.  He served in the detachment until transferred to the USAR Control Group (Reinforcement) on 30 July 1986.  His records show that he was awarded the Army Service Ribbon for completing basic training, and twice awarded the Army Reserve Components Achievement Medal, each for 3 years exemplary behavior, efficiency, and fidelity.  His record also shows that he is not a high school graduate (completed 1 year formal high school) nor does he have a high school graduation equivalency.  There is no record that the applicant has completed any Noncommissioned Officer Education System (NCOES) Academy courses.

During the period of service 29 October 1977 to 30 July 1986, the applicant initially received average to below average Noncommissioned Officer (NCO) Evaluation Reports (NCOER) but the rater and indorser remarks are generally complimentary.  Starting with the August 1982 evaluation report, the applicant's

reports showed improvement with average to a little above average scores and recommendations by both rater and indorser that the applicant was ready for promotion to the next higher grade and should be sent to qualifying NCOES Academy schooling.  However, during the following rating period, the applicant did not meet the Army weight requirement which is also a requirement for entering the NCOES Academy.  He was flagged (suspended from favorable personnel actions) and placed on a weight control program.  He was on the weight control program and not removed until 1 February 1986.  There was insufficient time between this date and his transfer back to the USAR Control Group (Reinforcement) to take the necessary NCOES Academy course to become eligible for promotion consideration.  The applicant also was not cleared by an "Over 40 Years Old" medical screening to take the Army Physical Readiness Test (APFT), the passing of which is also required for admission to and graduation from any NCOES Academy course.

After transfer to the USAR Control Group (Reinforcement), the applicant attended 4 Annual Training/Active Duty for Training periods (AT/ADT) between December 1986 and November 1988 as a member of the Individual Ready Reserve (IRR).  These are short periods of time from 12 days to 20 days each.  Each NCOER for these periods shows the applicant's height at 71 inches with weights between 191 and 220 pounds and meeting Army weight for height standards.  His enlistment physical in December 1961 at age 22 shows his height as 68 ½ inches, his NCOERs from 1982 to 1984 show his height at 69 inches and an Army physical taken by him in 1992 shows his height as 69 inches.  The height notations of 71 inches are questionable and the weight of 220 pounds on one evaluation exceeds the weight screening table limit of 197 pounds for the applicant's age if his height was 71 inches.  (The maximum screening table weight for 69 inches is 186 pounds for soldiers over 40 years of age.)

It is noted on the applicant's 12 December 1992 Army physical, that he was 
69 inches tall and weighed 245 pounds which exceeds the 186 pounds screening table weight for his height and age.  Further analysis on the physical shows that the applicant is authorized to have 26% body fat and was found to have 30.95% body fat which exceeds the Army weight standards.

On 31 July 1989, the applicant reenlisted in the IRR for a 4 year term of service.  He was later honorably discharged from the IRR on 12 October 1989 (reason not given) and transferred back to the USAR Control Group (Reinforcement).  He was honorably discharged from all Army Reserve connection on 12 December 1995.

The applicant was in an Army Reserve Troop Program Unit (TPU) from his promotion to E-5 on 20 October 1978 until to 30 July 1986.  According to AR 140-185, to be eligible for promotion to E-6 in a TPU, a soldier must have, among other requirements, 15 months time in grade (TIG) as an E-5, be a high school graduate or equivalent, have completed the appropriate level NCOES Academy course, and not be in a nonpromotable status (such as failing the Army weight standards).  The eligible soldier must then be selected by a higher headquarters promotion board and there must be a vacancy in the soldier's unit in the grade to which he is to be promoted.

The applicant was in an Army Reserve IRR from approximately August 1986 to 12 October 1989.  The promotion eligibility requirements in the IRR are the same as for a TPU except that 36 months TIG are required and no unit vacancy is required. The eligible soldier must be selected for promotion by a Department of the Army Personnel Command promotion board.

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.  That the applicant has not been considered for promotion to E-6 because he is not eligible for promotion in that he does not have a high school diploma or equivalent, he has not completed the required NCOES course, and he does not meet the Army weight control standards.  The applicant was not and is not in a promotable status.

2.  The record does not contain any evidence nor has the applicant submitted any evidence to prove his contention of error or injustice.  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

_RVO___  _MKP ___  _JHK____  DENY APPLICATION

					Paul A. Petty            	
						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10222	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998 December 2	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1131.00.		
2.		
3.		
4.		
5.		
6.