PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 February 2000
	DOCKET NUMBER:  AR1999026303

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

	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol J. Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that she be reinstated on the 1997 Sergeant First Class (SFC) E-7 promotion list and be rescheduled for attendance at the 92Y Advanced Noncommissioned Officer Course (ANCOC).

3.  The applicant states, in effect, that she arrived for attendance at her ANCOC course but failed the prerequisite push-up event in the Army Physical Fitness Test (APFT).  She did 23 pushups (minimum passing was 14 push-ups) but that she was only given credit for 11 because her back was not straight enough during the test according to the grader.  Consequently, she was denied enrollment in ANCOC and removed from the E7 promotion list.  She returned to her unit of assignment where it was recommended that she get a medical evaluation.  The doctor found that she had scoliosis, curvature of the spine, that prohibited her from having a straight back.  This condition also caused lower back pain when doing push-ups. The doctor gave her a permanent level 2 profile for her back and restriction of no push-ups.  She was cleared for sit-ups and 
2-mile run which she had passed in the APFT with a score of 75 points and 100 points respectively, 60 points being a passing score for each event.  She appealed her ANCOC enrollment denial and removal from the promotion list to the Army Personnel Command (PERSCOM). PERSCOM denied her appeal, the specific reason not given.  She states that under the circumstances, this denial is unjust.  She submits to this Board, highly favorable letters of recommendation in support of her request from her Lieutenant Colonel commander, three Command Sergeants Major, and one Sergeant Major.

4.  The applicant’s military records show that she enlisted in the Regular Army on 25 September 1981.  She was promoted to Staff Sergeant E-6 on 1 August 1991. She was selected for promotion to E-7 and attendance at ANCOC on 
6 September 1996.  In 1997, she was stationed at Fort Sill, Oklahoma, as a supply sergeant, MOS 92Y.  In January 1997, she went to Fort Lee, Virginia, to attend her ANCOC.  On 22 January 1997, she took the prerequisite APFT.  She passed the sit-ups with the score of 75 points and passed the 2-mile run with a score of 100 points.  However, she failed the push-up event being given credit for only 11 push-ups due to her push-up form, not having a straight back.  She needed a minimum of 14 push-ups to pass.  She was denied enrollment and returned to Fort Sill.  As a consequence, on 3 March 1997, she was removed from the E-7 promotion list.

5.  She sought medical help and it was learned on 7 May 1997 by medical examination that the applicant had scoliosis, a curvature of the back.  The doctor gave her a permanent level 2 profile for her back and restricted her from doing push-ups.  She was cleared for sit-ups and the 2-mile run.

6.  On 16 September 1998, the applicant appealed to PERSCOM for reinstatement on the E-7 promotion list and reschedule for ANCOC.  She submitted the medical findings concerning her scoliosis and her permanent profile prohibiting sit-ups.  The PERSCOM NCOES Reinstatement Panel denied her request, no reasons given.

7.  It is policy since 1 February 1999, that soldiers must pass the APFT while at ANCOC instead of having to pass it before enrollment.   The Army recognized that it was unjust to test soldiers immediately upon arrival before ANCOC began and then deny enrollment if they failed considering the different climatic environments from which they would come.  This old policy resulted in a waste of funds and was a significant detractor to morale, esprit de corps, and good business.  Under the new policy, the applicant would not have been denied enrollment in ANCOC because of initial APFT failure.  She would have had opportunity to receive medical diagnosis, adjustment to the APFT requirements, and retest without loosing ANCOC enrollment.

CONCLUSIONS:

1.  The applicant has a legitimate medical diagnosis of scoliosis and a permanent profile that should be recognized and accepted as sufficient reason for the initial ANCOC APFT failure and sufficient reason to grant reenrollment in ANCOC and reinstatement on the 1996 E-7 promotion list.  She is highly recommended for this reenrollment and reinstatement by a Lieutenant Colonel commander, three CSM, and one SGM.  On these bases, the applicant should be reinstated on the 1996 E-7 promotion list and be rescheduled for attendance at ANCOC.

2.  In view of the foregoing and to correct an injustice, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  reinstating her on the 1996 E-7 promotion list;

	b.  rescheduling her for attendance at the next available ANCOC; and

	c.  promoting her immediately to E-7 according to her sequence number on the 1996 promotion list with a commensurate date of rank.

BOARD VOTE:  

__RO___  ___DJ___  __CS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR1999026303	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/02/09	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.110.003	Reinstatement 	
2.		
3.		
4.		
5.		
6.