PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           06 DECEMBER 2001
	DOCKET NUMBER:   AR2001059248

	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. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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 retroactive promotion to sergeant first class with a date of rank of 1 March 1999 and all due pay and allowances.   

3.  The applicant states that his due process was violated, his rank taken away without his knowledge, and he was not allowed to submit an appeal in accordance with Army Regulation 600-8-19.  He was not allowed to do wide arm push-ups while at the Advanced NCO Course (ANCOC) at Fort Gordon, Georgia. He appealed his case to the DA Inspector General and his allegations were substantiated.  A NCOES (NCO Education System) reinstatement panel recommended that he receive retroactive promotion to sergeant first class.    

4.  The applicant’s military records show that he served in the Air Force Reserve and in the Army Reserve prior to enlisting in the Regular Army on                        4 December 1986.  The applicant was trained as a communications specialist, completed airborne and ranger training, among numerous other courses, and has been assigned to the 75th Ranger Regiment at Fort Benning, Georgia, the 52nd Signal Battalion in Germany, the 50th Signal Battalion at Fort Bragg, North Carolina, and the 313th Military Intelligence Battalion at Fort Bragg.  He has performed duty in Panama, Saudi Arabia, Yugoslavia, Turkey, Bosnia, Liberia, Burundi, and Albania.  The applicant’s awards include the Meritorious Service Medal, the Joint Service Commendation Medal, the Army Commendation Medal, the Joint Service Achievement Medal (two awards), the Army Achievement Medal (two awards), the Armed Forces Expeditionary Medal (two awards), the United Nations Service Medal, the NATO Medal, parachute badges from various countries, and four awards of the Good Conduct Medal.  Copies of the applicant’s medical records show that he sustained various injuries during his military career as a result of parachute jumps.    

5.  The applicant’s NCO evaluation reports show that prior to June 1999 he never failed to pass the Army physical fitness tests (APFTs), and subsequent to his elimination from ANCOC on 25 June 1999 he continued to pass those tests.  

6.  On 1 March 1999 the applicant was conditionally promoted to sergeant first class contingent upon his successful completion of ANCOC.

7.  The applicant was assigned to the ANCOC at Fort Gordon and on                 17 June 1999 took and failed the pre-enrollment APFT.  He was counseled by an NCO and his first sergeant and informed that he would be retested.  Those counseling documents show that there was some confusion concerning his sit-up and his push-up scores.  The applicant acknowledged the counseling.  He retook 

the test on 24 June 1999, again failing it.  Counseling statements show two different sets of scores; although, it appeared that he was passed from one grader to another one.  Again, he acknowledged the counseling.  In a                25 June 1999 statement the applicant stated that he was not permitted to do wide arm push-ups, and in effect, that he was unduly harassed while trying to complete the exercises.

8.  On 25 June 1999 the Commandant of the Regimental NCO Academy eliminated the applicant from the ANCOC.

9.  On 20 July 1999 the Total Army Personnel Command notified the applicant that he was administratively removed from the sergeant first class promotion list because of his failure to meet ANCOC course standards (failing the Army physical fitness test). 

10.  On 11 December 2000 the Inspector General of the Army Training and Doctrine Command informed the applicant that it had concluded that he was improperly denied the opportunity to execute wide arm push-ups during the conduct of an APFT, and that he was improperly denied his due process rights of an appeal after being academically eliminated from ANCOC for APFT failure.  He was advised to appeal his removal from the promotion list to PERSCOM.

11.  In a 28 February 2001 endorsement to the applicant’s commander, PERSCOM stated that the applicant’s request for reinstatement was approved and that he would be scheduled for ANCOC as soon as practical.  That command also stated that the NCOES Reinstatement Panel recommended retroactive promotion to sergeant first class, but that the applicant would have to apply to this Board in this respect.

12.  The applicant completed ANCOC on 20 September 2001.

CONCLUSIONS:

1.  The evidence indicates that the applicant’s request is substantiated.  He is therefore entitled to retroactive promotion to sergeant first class, pay grade E-7, effective and with a date of rank of 1 March 1999.  He should receive all due pay and allowances in that grade effective on 1 March 1999.

2.  In view of the foregoing, 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 by showing that the individual concerned was promoted to sergeant first class, pay grade E-7, effective and with a date of rank of 1 March 1999, and that he receive all due pay and allowances from that date. 

BOARD VOTE:  

__FNE __  __TAP __  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059248	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011206	
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.	131.00	
2.	21	
3.		
4.		
5.		
6.