MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  29 June 2000
	DOCKET NUMBER:  AR2000041186

	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. Joann Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John M. Slone		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 on the 1996 Sergeant First Class (SFC) Promotion List and approval to attend the Advanced Noncommissioned Officer Course (ANCOC).

APPLICANT STATES: That he was improperly removed from the SFC list and ANCOC attendance.  He contends he should have been issued a memorandum for record stating the reason for non-enrollment vice the DA Form 1059 (Service School Academic Evaluation Report) which was issued.  Further, he contends the grading of his Army Physical Fitness Test (APFT) was based on three different age groups.  He provides statements of support that he passed another APFT.

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

On 20 September 1996, the applicant, having been selected for promotion to SFC, reported to the Ordnance ANCOC at Aberdeen Proving Grounds, Maryland.  On 24 September 1996, he failed the APFT.  He was issued a DA Form 1059, which indicated he had failed the APFT and was denied enrollment in the course. 

On 5 November 1996, the HQ DA NCOES (NCO Education System) Board denied reinstatement based on his failure to meet the minimum standards on the APFT.  The applicant scored 51 for push-ups, 70 for sit-ups and 84 for the 2-mile run.

On 29 January 1997, Headquarters, Department of the Army (HQ DA) initiated a flagging action to remove him from the selection list.

On 31 October 1997, in accordance with the applicant’s request, the Enlisted Records and Evaluation Center deleted and declared non-rated the period from 20 September to 24 September 1996, because the ANCOC failed to notify him by way of a memorandum rather than the DA Form 1059.  The DA Form 1059 was removed from his records.

On 2 March 1998, the HQ DA NCOES Reinstatement Panel disapproved his request for reinstatement to the NCOES.  This action essentially caused his cancellation from any ANCOC class and he has to recompete for promotion, which will guarantee him a seat for ANCOC.

Field Manual 21-20 (Physical Fitness Training), chapter 11 indicates, in pertinent part, the methods of evaluation, testing, value of the test, test scorecard, and scoring tables of the APFT.  A minimum passing score is 60.

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 has failed to show that he passed the mandatory AFPT for entrance into the ANCOC.  Further, he has provided no proof that the scoring of his AFPT was in different age groups.  FM 21-20 shows, for his age group (26-30) that his raw scores of 33 for push-ups was 51 (sic), but should have been 55; 48 for sit-ups was 70 (sic), but should have been 66; and, 14:53 for the 2-mile run was 84 (sic), but should have been 88.  The minimum passing score on any area is 60.  The applicant did not pass the AFPT.

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

___jl___  __mm____  __js____  DENY APPLICATION

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

INDEX

CASE ID	AR20000041186	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000629	
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	Prom to E7	
2.		
3.		
4.		
5.		
6.