MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  13 June 2000
	DOCKET NUMBER:  AR2000037484

	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:

	Ms. Elizabeth Buchanon		Chairperson	
	Ms. Barbara J. Ellis		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 his records be corrected to show reinstatement of his promotion to pay grade E-7, with all pay and allowances, retroactive to his original promotion date.

APPLICANT STATES: That the Army failed to put him on a permanent physical profile despite a persistent medical problem; that the Army kept him on a temporary profile from 1991 to 1995 which made him less competitive with his peers during the times he was under promotion consideration.  He contends that, in 1996, he was determined to be fully fit for duty and, in his opinion, there had been no change in his medical condition.  He indicates that he was conditionally promoted to pay grade E-7 contingent upon his successful completion of the Advanced Noncommissioned Officer Course (ANCOC); the promotion was revoked when he did not complete ANCOC.  In support of his application, he provides a copy of a memorandum which withdrew his physical profile and indicated he had previously had altitude-induced shortness of breath. 

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

On 19 July 1976, he enlisted in the Army.  He completed his required training and was awarded MOS 73C (Finance Specialist).  He was promoted to pay grade E-6, effective 1 September 1985.

The applicant’s records show that he was issued a temporary physical profile for exercised-induced asthma from 1992 through 1995.  On 9 February 1996, the profile was made permanent for “Exercise asthma, mild, not requiring daily medication.”

On 1 November 1995, the applicant was conditionally promoted to pay grade E-7 contingent upon his successful completion of ANCOC, otherwise the promotion would be revoked and the applicant would be removed from the E-7 promotion selection list.

On 26 August 1996, the applicant underwent sophisticated medical testing which failed to confirm that he suffered from exercise-induced asthma.  Instead, it revealed that his breathing problems were related to altitude-induced shortness of breath.  On 11 February 1997, a memorandum from the Army Medical Department Activity, Fort Carson, Colorado indicated that the applicant’s permanent profile was removed and he was awarded a physical profile of 111111A and declared to be fully deployable and capable of performing exercise.

On 3 June 1997, a Total Army Personnel Command letter revoked the applicant’s status in pay grade E-7 based on his failure to complete his ANCOC requirement, effective 11 February 1997.  He was returned to pay grade E-6.

On 30 June 1997, the applicant was honorably separated in pay grade E-6 and transferred to the Retired List on the following day.  His DD Form 214 indicates that he had 20 years, 10 months and 23 days of creditable service.  

Message, date/time/group 221000OCT93 (Milper Message 94-24), Procedural Guidance for the Linkage of NCOES to Promotion – ANCOC and USASMC, in effect, announced conditional promotions to SFC for those soldiers whose sequence numbers had been reached, but who had not completed ANCOC through no fault of their own.  In effect, it stated that a soldier conditionally promoted to either grade would be administratively reduced and removed from the promotion list for failing to complete ANCOC.

Army Regulation 40-501, chapter 7, physical profiling, provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator 1 under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  Numerical designators 2 and 3 indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  The individual should receive assignments commensurate with his or her functional capacity.  Numerical designator 4 indicates that an individual has one or more medical conditions or physical defects of such severity that performance of military duty must be drastically limited.  The numerical designator 4 does not necessarily mean that the individual is unfit because of physical disability as defined in Army Regulation 635-40.

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 accepted promotion to pay grade E-7 knowing it was based on the condition that he complete ANCOC.

2.  The applicant was conditionally promoted to E-7 on 1 November 1995 and administratively reduced to E-6 on 3 June 1997 because he did not complete ANCOC during that period.  His physical profile status was irrelevant.

3.  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 the aforementioned requirement.

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

___eb___  ___be___  ___jk___ DENY APPLICATION

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

INDEX

CASE ID	AR2000037484	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131	Conditional promotion to E7	
2.		
3.		
4.		
5.		
6.