RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 December 2003  
	DOCKET NUMBER:   AR2003087991

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Eloise C. Prendergast		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected by expunging US Total Army Personnel Command (PERSCOM) Order No. 57-5, dated 26 February 2003, from his Official Military Personnel File.

2.  The applicant states, in effect, that he was conditionally promoted to Sergeant First Class (SFC/E-7) pending successful completion of the Advanced Noncommissioned Officer Course (ANCOC).  He was inappropriately denied enrollment in the ANCOC for failure to meet Army weight/body fat standards due to the cadre not performing the Army Tape Test in accordance with Army Regulation 600-9.  On 20 March 2003, he was reinstated on the SFC promotion list by PERSCOM.

3.  The applicant provides:  a memorandum, dated 20 March 2003, from the United States Total Army Personnel Command (PERSCOM), Training Analysis Management Branch, approving his request for reinstatement of his ANCOC eligibility; a copy of PERSCOM Order No. 347-32, dated 13 December 2001, conditionally promoting him to SFC; a copy of the subject order; a copy of DA Form 1059 (Service School Academic Evaluation Report), dated 26 September 2002, showing his successful completion of ANCOC, Phase I; and a copy of a 28 March 2003 memorandum from PERSCOM announcing his reinstatement on the promotion selection list.

CONSIDERATION OF EVIDENCE: 

1.  The evidence of record shows the applicant enlisted in the Regular Army on 18 July 1983 and has served through a series of continuous reenlistments.  He is currently an SFC serving at Fort Benning, Georgia.

2.  The applicant was conditionally promoted to the rank of SFC/E-7 on 1 January 2002 with the understanding that he had to attend and complete the ANCOC.  He completed Phase I of ANCOC on 26 September 2002.

3.  On an unknown date, the applicant reported for Phase II, ANCOC in an overweight status.  He was administered the Army Tape Test to determine his percentage of body fat; however, due to inconsistencies in the taping procedure, he failed the test and was denied enrollment in the ANCOC.

4.  On 26 February 2003, the applicant was administratively removed from the Calendar Year 2001 SFC Promotion List.  He was granted de facto promotion status for the period 20020101 thru 20030123.

5.  The applicant appealed his removal from the promotion list.  On 20 March 2003, PERSCOM Training Analysis Management Branch advised the applicant's command that the Headquarters Department of the Army (HQDA) Reinstatement Panel had determined that the applicant's ANCOC eligibility should be reinstated based on their determination that his denial of enrollment for being overweight was due to inconsistencies in the Army Taping Test.  The applicant was also advised that any further requests for corrective actions had to be forwarded to the Army Board for Correction of Military Records (ABCMR) for resolution.

8.  The evidence of record shows that, on 28 March 2003, the PERSCOM Enlisted Promotions Branch informed the applicant that his name had been reinstated to the SFC Promotion Selection List and the ANCOC Selection List.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was conditionally promoted to SFC/E-7 on 1 January 2002 with the understanding that he must attend and complete the ANCOC.

2.  The applicant was selected to attend Phase II, ANCOC; however, he was not allowed to enroll because he failed to meet the weight standards due to inconsistencies in the Taping Test.  

3.  The applicant was administratively removed from the CY2001 SFC Promotion List on 26 February 2003.

4.  The HQDA NCO Education System (NCOES) Reinstatement Panel reviewed the applicant's records and reinstated his ANCOC eligibility due to inconsistencies in the Taping Test.

5.  The applicant was advised on 28 March 2003 that his name had been reinstated to the Promotion Selection List and that promotion orders would be published in the next Promotion Orders Booklet.  He was advised that his promotion was linked to his successful completion of the ANCOC and that he should attend and complete it as soon as possible.

6.  The evidence of record shows the applicant was reinstated on the SFC Promotion Selection List and was subsequently promoted.

7.  The applicant has not shown that the subject order has served to harm him in any way.

8.  Deleting the subject order from the applicant's records would create a void in his record with no explanation of the circumstances that caused him to be issued two separate promotion orders or that caused him to be denied enrollment in Phase II, ANCOC.

9.  In view of the foregoing facts and circumstances in this case, there is insufficient evidence to support the removal of the subject order revoking the applicant's conditional promotion and removing his name from the CY2001 Promotion List.   

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __rjw___  __ecp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087991	
SUFFIX		
RECON		
DATE BOARDED	20031209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	134.0000	
2.	129.0200	
3.		
4.		
5.		
6.