MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 JANUARY 2003                  
	DOCKET NUMBER:   AR2002070870

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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 her records be corrected by reinstating her to the rank of Sergeant First Class with an effective date of 1 September 1998.

APPLICANT STATES:  That she was denied a medical delay for attendance at the Advanced Noncommissioned Officer Course (ANCOC), as authorized in Army Regulation 140-158, paragraphs 8-21a and 8-21b.  In support of her request the applicant submits copies of her promotion order, her reduction orders, a consultation report dated 24 May 2000, four ANCOC Class Rosters with enrollment dates, and a nurse’s statement from the Madigan Army Medical Center. 

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

On 5 January 1998, the applicant reenlisted in the U.S. Army Reserve in the pay grade of E-6 for a period of 6 years, and was ordered to active duty in an Active Guard Reserve status.    

On 28 August 1998, she was conditionally promoted to Sergeant First Class, with an effective date and date of rank of 1 September 1998.  

The applicant was scheduled for attendance at ANCOC with report dates of 4 January 1999, 12 September 1999, 3 January 2000, and 5 March 2000.  

On 3 March 2000, the applicant submitted a DA Form 4187 (Personnel Action) requesting a delay in attending her scheduled 5 March 2000 ANCOC report date because of an injury she received during physical training.  There is no evidence or documentation in her records to show the final disposition on her request.  However on 24 May 2000, as a result of her not attending ANCOC she was reduced to Staff Sergeant. 

On 15 May 2000, a medical consultation report shows that the applicant was diagnosed with vocal cord dysfunction.  The report states that this was the applicant’s initial voice evaluation, and that she has had problems with breathing since 1995, when she was diagnosed with asthma and treatment with inhaled steroid was unsuccessful.  

A 26 June 2001 statement in the applicant’s behalf from a nurse at the Madigan Army Medical Center states that the applicant’s breathing problems began in the summer of 1998, when she was diagnosed with dyspnea (shortness of breath).  It was only when the applicant was transferred to the Fort Lewis area of Washington and began treatment at Madigan Army Medical Center that it was determined that she did not have asthma but suffered from vocal cord dysfunction.  The nurse further states that prior to her speech pathology therapy for vocal cord dysfunction she would not have been able to complete as an Army Physical Fitness Test (APFT), however, after having received the therapy she can complete an APFT.  

Army Regulation 140-158, states in pertinent part, that a soldier who is conditionally promoted to the rank of Sergeant First Class must be enrolled in ANCOC within 
12 months of the date of promotion and be a graduate of ANCOC within 24 months of the Phase I completion date or their promotion will be revoked.  

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 was scheduled for attendance at ANCOC on four separate occasions from January 1999 through March 2000.  There is no evidence in the available records, nor did she provide documentation that she applied for a waiver for any of her previous classes until 2 days before her 5 March 2000 report date.   

2.  There is no documentation in the applicant’s records, however, one can assume that since she was reduced to staff sergeant, that her request for a medical waiver on
3 March 2000 was disapproved.  The Board notes that the applicant’s waiver request was based on an injury to her back during physical training and not on her dyspnea or vocal cord dysfunction as she now claims.

3.  It appears that the applicant was given numerous opportunities to attend ANCOC prior to her reduction, and there is no evidence that she applied for or was given a waiver for attendance other than her 3 March 2000 request.

4.  There is insufficient evidence to conclude that she suffered from a medical condition that would have precluded her attendance at ANCOC. 

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

__MKP__  ___JLP      ___MMB     DENY APPLICATION

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

INDEX

CASE ID	AR2002070870	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030114	
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.	131.00	
2.		
3.		
4.		
5.		
6.