MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 August 2002                  
	DOCKET NUMBER:   AR2002067963

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Jose A. Martinez		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:  Reconsideration of his previous application to correct his records by retroactive promotion to sergeant first class (SFC)(E-7). 

APPLICANT STATES:  That he did not request that his Advanced Noncommissioned Officer Course (ANCOC) be cancelled in August 1996.  He was informed by the Army Reserve Personnel Command (AR-PERSCOM) that his orders had been cancelled because he was being involuntarily activated on 2 September 1996.  He has asked repeatedly for any written confirmation to show that he, in fact, requested cancellation, but has been provided nothing.

He does not understand why he was not granted a waiver. The NCO Education System (NCOES) policy is to grant waivers in similar situations.  During his active duty tour, he served with an NCO who obtained a waiver, although he has been unable to locate him to substantiate this claim.  To substantiate his case, the applicant submits a copy of his orders for Presidential Selected Reserve Callup (Involuntary), a printout of the waiver policy from the NCOES web page that provides that waivers will be granted for four criteria, including operational deployment.   He also resubmits numerous 1997 memoranda supporting his promotion to SFC, one specifically supporting his request for a waiver of ANCOC and several subsequent memoranda recommending his promotion to master sergeant.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case (AR2000035365) on 16 November 2000.

An interim case AR2001052256 was closed without action because the applicant's records could not be located.

As noted in the previous MOC the applicant was denied enrollment to a January 1996 ANCOC class because he failed to pass the Physical Fitness Test.  

An advisory opinion obtained from Chief, Enlisted Promotions, AR-PERSCOM for his original case indicated that the applicant was not eligible for a waiver through his own volition.

The applicant, an Army Reserve (USAR) Individual Mobilization Augmentee (IMA) staff sergeant received orders to report to his regular mobilization assignment in Europe for a period of up to 9 months in support of military operations in the Balkans.  The orders for this involuntary active duty were issued by the AR-PERSCOM on 28 July 1996.  The applicant was to report to Fort Benning, Georgia not later that 2 September 1996.

A 4 November 1999 letter from AR-PERSCOM to a member of congress explained that the applicant was scheduled to attend ANCOC from 8 August through 23 August 1996 and that he had been ineligible for promotion through his own volition because he had requested that his attendance be cancelled.  The letter continued by saying that the applicant had since qualified, been selected and that he would be promoted effective 1 January 2000.

A 20 February 1997 memorandum from the Chief, Joint Movement Division, United States European Command, a Regular Army colonel, requested that the applicant be granted a waiver of ANCOC and reconsideration for promotion to SFC.  He states that had the applicant’s ANCOC not been cancelled he would have been considered by the 1996 ndividual Ready Reserve (IRR) Individual Mobilization Augmentee (IMA) SFC Promotion Board.

The information provided by the NCOES web page is applicable only to Regular Army Personnel.

Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) sets forth the promotion policy for Army Reserve personnel.  Paragraph 5-5 provides that waivers will not be granted. 

Department of the Army Message P221742Z December 1995 set forth the promotion/NCOES policy applicable to those NCOs mobilized in support of operation Joint Endeavor.  Paragraph 3 provided that attendance for soldiers who were enrolled in a resident NCOES course that had not yet commenced was to be cancelled and rescheduled.  Paragraph 4 provided that completion of a required NCOES course was to be waived except for those individuals who had already failed to complete the course for cause.  

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 insisted that he did not request cancellation of his August 1996 ANCOC attendance.  It seems most unreasonable that he would have been expected to attend when he was being mobilized for extended active duty deployment in September.  Indeed, the policy in effect at the time required that his attendance be cancelled and this is probably what occurred.  

2.  The inability of the applicant to obtain a reliable answer as to why he was not issued a waiver is regrettable.  However that does not change the fact that he was ineligible for a waiver of ANCOC because he had previously failed to complete the course in January 1996.

3.  The support that the applicant obtained for his request has been noted, but it does not demonstrate an error or an injustice in this case.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__JNS__  ___INW __  __JMW_  DENY APPLICATION

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

INDEX

CASE ID	AR2002067963	
SUFFIX		
RECON		
DATE BOARDED	20020815	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.