MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  30 April 2002
	DOCKET NUMBER:  AR2001065242

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. Hubert O. Fry		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 pay grade of E-7 and be rescheduled for the Advanced Noncommissioned Officer Course (ANCOC).

APPLICANT STATES:  That he believes that he was not able to pass the Army Physical Fitness Test (APFT) at ANCOC due to poisoning from fire ant bites.  He passed his APFT prior to and subsequent to attending ANCOC.  He provides a copy of his memorandum for reinstatement to the Noncommissioned Officer Education System (NCOES) Reinstatement Panel, copies of documents from his Official Military Personnel File (OMPF), two DA Forms 705 (APFT Scorecard), and his DA Form 1059 (Service School Academic Evaluation Report) in support of his application.

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

At the time of the incident in question, the applicant was serving on active duty in the pay grade of E-7.  He attended ANCOC during the period 2 through 18 July 2001.

On 3 July 2001, the applicant acknowledged receipt of a 3 July 2001 Memorandum Subject: Initial Failure of the Army Physical Fitness Test.  He missed a passing score by six push-ups, receiving 54 points.  His DA Form 705 shows that he failed the APFT again on 10 July 2001.  He missed a passing score by three push-ups, receiving 57 points.  There is no evidence of record that the applicant complained of muscle weakness or sought medical attention.

His DA Form 1059, dated 20 July 2001, shows that he was disenrolled from ANCOC for failure of the APFT.  All other demonstrated abilities were rated satisfactory.  He acknowledged receipt of his adverse academic report.  There is no evidence of record to show that the applicant has appealed the report to the Enlisted Records and Evaluation Center.

A DA Form 705 shows that the applicant passed an APFT on 25 July 2001.  The form shows that his unit of assignment administered this test and that he completed nine additional push-ups and ten additional sit-ups above his 10 July 2001 APFT failure.  The form also shows that he lost seven pounds from his previous weigh-in for the APFT.

On 30 July 2001, the applicant appealed his ANCOC disenrollment to the NCOES Reinstatement Panel.  In his appeal he stated that he had suffered numerous fire ant bites the day before he left for ANCOC.  He had been bitten before so he did not seek medical treatment.  He submitted a 29 July 2001 memorandum from a first lieutenant, Physician’s Assistant (PA) to support his contention that he was physically impaired from the fire ant bites.  He also submitted his past three NCO Evaluation Reports and several letters of character reference.
The PA theorized that the fire ant venom could have had a prolonged effect on the applicant’s ability to effectively use some muscles.  The PA acknowledges that the degree of damage to the neurological control of the muscles from fire ant venom is unclear and rare, but documented.  The PA provides copies of a five-page article, published in 1982, concerning neurologic symptoms of fire ant sting. The article notes that neurologic manifestations secondary to this type sting are rare.  In the four case studies presented, all involved significant weakness of the extremities, nausea, and grand mal seizures (convulsive seizures where a person experiences a temporary loss of consciousness, severe muscle spasms and jerking throughout the body).  These allergic reaction neurologic symptoms are usually transient, occur immediately after a sting, and are associated with anaphylactic shock (typically, in 1 to 15 minutes, the patient feels uneasy, becomes agitated and flushed, and complains of palpitations, throbbing in the ears, coughing, sneezing, and difficulty breathing.  Nausea, vomiting, abdominal pain, and diarrhea are less common).

On 29 August 2001, the applicant was notified that his request for reinstatement to the pay grade of E-7 was disapproved.  It was determined that the matters he submitted in extenuation and mitigation did not warrant reversal of his disenrollment from ANCOC or reinstatement.

Army Regulation 350-41 provides the policy for the Army Physical Fitness Program.  It provides that enlisted personnel attending leader development courses such as ANCOC must take and pass the APFT in order to graduate.  It further states that all soldiers must attain a score of at least 60 points on each test event and an overall score of at least 180 points.

Army Regulation 351-1 provides the policy for individual military education and training.  Paragraph 5-30 provides for the removal of students from ANCOC for disciplinary reasons, lack of motivation, illness or injury, or academic deficiency.  APFT failure is considered an academic deficiency.

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's contention that he was adversely effected by an episode of fire ant bites that resulted in his inability to pass the APFT at ANCOC is noted.  However, there is no evidence of record to show that the applicant exhibited any of the symptoms associated with anaphylactic shock discussed in the 1982 medical article after the fire ant bite episode.

2.  The applicant improved his push-up score on the second APFT test by only three points 7 days after his first failure.  There is no evidence that the applicant had complained of a noticeable weakness in his performance or sought medical treatment for any residual neurological symptoms he would have experienced.

3.  Although the applicant achieved a satisfactory APFT score 15 days after his second APFT failure at ANCOC, this was accomplished at his unit of assignment, and may be based on a different scorer and attributed to less stringent scoring methods.

4.  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.

5.  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

__ao____  ___ts___  __hf____  DENY APPLICATION

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

INDEX

CASE ID	AR2001065242	
SUFFIX		
RECON		
DATE BOARDED	20020430	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	118.01	
2.	129.00	
3.		
4.		
5.		
6.