PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 SEPTEMBER 2002                   
	DOCKET NUMBER:   AR2002067901

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman, Jr.		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 that her records be corrected by reinstating her original date of rank of 1 January 2000 to staff sergeant, with differential pay between E-5 and E-6 for the period beginning 12 October 2000 to the present.

3.  The applicant states that she was denied enrollment to the Basic Noncommissioned Officer Course (BNCOC) “due to an erroneous body [fat] composition computation.”  That she was wrongly reduced for failure to complete the course, however, the PERSCOM Reinstatement Panel reinstated her to the list but the imposed reduction was not lifted until she finished the course.

4.  The applicant’s military records show that the applicant was conditionally promoted to staff sergeant on 1 January 2000, contingent on successful completion of BNCOC. 

5.  In August 2000, the applicant was denied enrollment in the AMEDD NCO Academy for failure to meet body fat standards.

6.  On 12 October 2000, as a result of her disenrolled from BNCOC her promotion to pay grade E-6 was revoked.

7.  The applicant’s chain of command verified that the applicant met the body fat composition prior to her enrollment in BNCOC and after she returned to the unit after being denied enrollment, and questioned the accuracy and validity of the AMEDD NCO Academy tape test. 

8.  On 10 November 2000, the Headquarters, Department of Army NCOES Reinstatement Panel reinstated the applicant to the promotion and BNCOC lists with the stipulation that she be rescheduled as soon as practical and that she complete the course prior to promotion.  

9.  The applicant reenrolled in BNCOC on 27 August 2001 and successfully completed the course on 18 December 2001.

10.  The applicant was promoted to the pay grade of E-6, with a date of rank and effective date of 18 December 2001.  

CONCLUSIONS:

1.  The Board determines that there were some irregularities in calculating the applicant’s body fat composition, as verified by her chain of command, and evidenced by the Reinstatement Panel’s decision to reinstate her to the promotion and BNCOC lists.   

2.  Due to no fault of the soldier she was erroneously denied enrollment in BNCOC, which subsequently resulted in her promotion to E-6 being revoked.  

3.  In the interest of justice and equity the applicant’s date of rank and effective date should be adjusted from 18 December 2001, to her original promotion date of 1 January 2000, with all back pay and allowances from 12 October 2000, (the date her original promotion was revoked) through 17 December 2001.  

4.  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 the applicant was promoted to the pay grade of E-6 with a date of rank and effective date of 1 January 2000, with back pay and allowances from 
12 October 2000 through 17 December 2001. 

BOARD VOTE:  

__AAO__  __KWL__  __DPH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2002067901	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020924	
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.	131.05	
2.		
3.		
4.		
5.		
6.