MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  16 November 2000
	DOCKET NUMBER:  AR2000035365

	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. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Ms. Martha E. Schuler		Member	
	Mr. James E. Anderholm		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 his records be corrected to show his promotion to sergeant first class was retroactive.

APPLICANT STATES: That in July 1996, he was involuntarily ordered to active duty for Operation Joint Endeavor for 270 days, starting 2 September 1996 and AR-PERSCOM cancelled his reservation for ANCOC which effectively prevented his promotion.

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

On 11 January 1996, the applicant reported to Class 002, ANCOES at the Noncommissioned Officer Academy, Fort McCoy, Wisconsin.  He was denied enrollment because he failed to pass the Armed Forces Physical Fitness Test, which was required for attendance.

He was rescheduled to attend the course again on 8 August 1996, but requested the class be cancelled in order to prepare for Operation Joint Endeavor.

He was subsequently selected for the promotion and was promoted on                 1 December 1999.

On 3 March 2000, the Chief, Enlisted Promotions, Reserve Components, AR-PERSCOM opined that the applicant was not eligible for promotion consideration in 1996 through his own volition and recommended denial of his request.

On 18 April 2000, the AR-PERSCOM opinion was furnished to the applicant for his acknowledgement/rebuttal.  The applicant elected not to respond.

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

1.  The evidence of record shows that the applicant was not eligible for consideration to be promoted to sergeant first class in 1996 through his own voIition.  He did not pass the physical fitness test.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  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

__wm____  ___ms___  __ja____ DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
     of Military Records

INDEX

CASE ID	AR2000035365	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001116	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.131	Prom to E7	
2.		
3.		
4.		
5.		
6.