MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 August 2000                   
	DOCKET NUMBER:   AR2000040532

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 rank of Sergeant First Class (SFC), E-7.

APPLICANT STATES:  In effect, that he was denied attendance at the Advanced Noncommissioned Officer Course (ANCOC) due to a medical problem that existed at the time and that still exists.  

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

He enlisted in the Regular Army on 18 March 1981.  He was promoted to Staff Sergeant (SSG), E-6 on 1 December 1989. 

The applicant’s NCO evaluation reports beginning with the report for ending period December 1989 show that he had a weight problem but that he always met the body fat standards.  He apparently was diagnosed with Graves Disease (a thyroid disorder) in 1989 and with hypothyroidism in March 1997 for which he was placed on medication.  

On 1 October 1997, the applicant was promoted to SFC conditional upon his successfully completing ANCOC.  

Apparently in April 1998, the applicant passed his physical fitness test prior to reporting to ANCOC and was weighed in and taped by his first sergeant.  He was determined to be within body fat standards.  He briefed his S-3 (Operations) NCO about his medical condition and medications and was told that as long as he had his medical records and his condition was listed in his medical records he was good to go.  His first sergeant gave him the same answer.  However, after reporting to ANCOC he was denied enrollment because he was overweight.  He showed his medical records to ANCOC personnel, including the commandant.  The commandant told him that the only thing he wanted to see was a profile, which he did not have.  He could have gotten one at the Fort Sill, OK Army Community Hospital but the commandant told him it was too late for that and he should have reported to ANCOC with the right paperwork.  He was disenrolled from ANCOC on 15 April 1998.  Upon his return to his unit, no one was interested in helping him until his chain of command “turned over.”

A 28 April 1998 medical statement notes that the applicant’s condition was not yet optimally controlled, which made it more difficult for him to maintain the Army weight standard.

On 12 October 1999, the applicant was given a temporary physical profile for his hypothyroidism pending his evaluation by an endocrinologist.  The profile stated that he was not subject to height/weight requirements.

The applicant received a Department of the Army Qualitative Management Program (QMP) bar to reenlistment in 1999 as a result of his being removed from the SFC promotion list.  He appealed the bar and on 7 April 2000 his appeal was approved.  

Training and Doctrine Command Regulation 351-10 prescribes officer, warrant officer and non-commissioned officer training policies.  In pertinent part, it states that commandants will weigh soldiers reporting for leader training, education and development courses.  Soldiers exceeding Army Regulation 600-9 standards will be denied enrollment and processed for return to their unit.

In the processing of this case, an advisory opinion was obtained from the Noncommissioned Officer Education Systems (NCOES) Branch, U. S. Total Army Personnel Command (PERSCOM).  PERSCOM opined that the commandant of the Fort Sill NCO Academy was within his authority to disenroll the applicant and that his name was properly administratively removed from the centralized promotion list when he was disenrolled.  The applicant had requested reinstatement to the SFC promotion list and subsequent reenrollment in ANCOC. On 28 September 1998, the PERSCOM NCOES Reinstatement Panel disapproved his request after considering all matters of extenuation.  The Panel felt there was not enough chain of command support and wondered why the command did not cancel his class until his pre-existing medical condition was stabilized.

The applicant rebutted the advisory opinion (see the fourth paragraph, EVIDENCE OF RECORD, above).  

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 circumstances of the applicant’s case are unfortunate but the Board finds no evidence of Government error or injustice.

2.  Presumably, the applicant’s units never had a need for him to obtain a physical profile because he always met the body fat standards through unit tape tests.  It appears that when he weighed in at the NCO Academy he did not pass the tape test.  It does not appear that it would have been feasible for the Academy to have sent him to the Army Community Hospital for a physical profile. He was disenrolled from ANCOC on 15 April 1998 and the physical profile provided is dated 12 October 1999, 18 months later.  Therefore, the Board concludes that the commandant proceeded according to regulation and disenrolled him from ANCOC.

3.  Promotion to SFC was/is conditional upon the applicant successfully completing ANCOC.  The applicant has not attended ANCOC to date, so to presume he would have successfully completed ANCOC had he been allowed to attend in 1998 would be purely speculative.  

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

__mdm___  __js____  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040532	
SUFFIX		
RECON		
DATE BOARDED	20000810	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.02	
2.		
3.		
4.		
5.		
6.