RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            FEBRUARY 24, 2004
	DOCKET NUMBER:   AR2004100824

	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	
	Mr. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Lawrence Foster		Member	
	Ms. Margaret V. Thompson		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 her date of rank (DOR) and effective date for promotion to the pay grade of E-7 be changed back to her original promotion date of 1 September 2000.

2.  The applicant states, in effect, that she was conditionally promoted to the pay grade of E-7 on 1 September 2000 and attended the Advanced Noncommissoned Officer Course (ANCOC) at Fort Jackson, South Carolina, on 8 April 2002.  On 10 April 2002, she was administered her initial Army Physical Fitness Test (APFT) and began experiencing chest pains and a lack of balance during the run, thus failing the APFT.  The academy cadre felt that after a few days recovery, she would be fine for the retest.  However, on 17 April 2002, when she retook the APFT, she collapsed and was taken to the Moncrief Army Hospital and diagnosed as having a heart attack/stroke.  She states that she was placed in the intensive care unit and when she was discharged 2 days later, she was also released from the ANCOC for failing the APFT.  She continues by stating that she requested from the commandant that her Academic Evaluation Report (AER) (DA Form 1059) reflect that she was dismissed for medical reasons; however, the commandant would not change it.  She also states that she underwent cardiac rehabilitation testing upon her return to Fort Riley, Kansas, and that when she returned to her unit she was reduced to the pay grade of E-6 on 12 May 2002.  She also states that she applied for reinstatement to both the ANCOC and to the promotion list and her request was approved; however, after she completed the ANCOC on 29 April 2003, she was again promoted effective 1  May 2003.  As a result of her reduction, she was required to pay back the monies she received as a result of the promotion as well as travel pay to the ANCOC, all for something that was through no fault of her own and caused her to loose time in grade for her next promotion. 

CONSIDERATION OF EVIDENCE: 

1.  On 1 September 2000, while serving on active duty in the Active Guard Reserve (AGR), in the pay grade of E-6, the applicant was promoted to the pay grade of E-7, effective 1 September 2000.  As a condition to accepting the promotion, the applicant had to agree that if she was denied enrollment, declared a "No Show", became an academic failure or otherwise did not meet graduation requirements of the ANCOC, she would be reduced to her former pay grade and would be removed from the promotion selection list.

2.  The applicant attended phase I of the ANCOC at Fort Jackson, South Carolina on 8 April 2002 and on 17 April 2002, while performing the 2-mile run portion of the APFT, she experienced severe chest pains and had to be taken to the hospital, where she was admitted and diagnosed as having posterior pericardial effusion (enlargement of the muscle tissue surrounding the heart).  She was released from the hospital on 19 April 2002 and was returned to the NCO Academy. 

3.  On the same date, the applicant was released from the ANCOC for failure to achieve course standards.  Her AER indicates that she was released from the course due to APFT failure.

4.  The applicant was returned to her unit at Fort Riley, Kansas, and was reduced to the pay grade of E-6 effective 12 May 2002.  She continued to be treated for her condition and on 24 July 2002, a physical profile was approved for chronic abdominal muscle strain.

5.  Meanwhile, the applicant submitted a request to be reinstated and to attend the ANCOC.  On 15 August 2002, the Noncommissioned Officer Education System (NCOES) Reinstatement Panel approved her request for reinstatement to the promotion list and attendance at the ANCOC, based on the extenuating circumstances in her case.

6.  On 9 September 2002, a Military Occupational Specialty (MOS) / Medical Retention Board (MMRB) determined that the applicant's medical condition did not preclude satisfactory performance of her MOS in a worldwide field environment.

7.  The applicant attended Phases I and II of the ANCOC from 10 March 2003 through 29 April 2003 and achieved course standards in both phases.  She was again promoted to the pay grade of E-7 on 1 May 2003, with a DOR of 1 May 2003.

8.  A review of the applicant's evaluation report history shows that with the exception of her APFT failure at the ANCOC, the applicant has always passed her APFT and in most cases, comments were made in her evaluation reports about her exceptional physical fitness and high APFT scores.

9.  Department of the Army (DAPE-MP) message 212352Z November 2003, announced the suspension of conditional promotions for personnel being promoted to the pay grades of E-5 through E-7, effective 1 January 2004.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant did in fact fail her APFT at the ANCOC, the evidence of record suggests that her failure to complete the APFT or to attain a passing score was the result of a medical condition that was unknown to the applicant at the time.
2.  The evidence of record also suggests that until such time as the medical condition was discovered (during APFT), the applicant had a history of always passing her APFT and in most cases with a very high score.

3.  Inasmuch as the applicant was hospitalized at the time and subsequently began treatment for her condition, the evidence suggests that it would have been more appropriate to terminate her enrollment from the ANCOC for a medical condition, rather than to fail her from the course for her APFT failure, something that appears to have been beyond her control at the time.

4.  The evidence also shows that after being reduced, the applicant properly sought reinstatement to the promotion list and attendance at the ANCOC.  After completing her treatment, she was able to successfully complete the ANCOC and again receive her promotion.

5.  However, given the extenuating circumstances in this case, the evidence suggests that it was unjust to revoke her original promotion (given her medical condition) and that it would be in the interest of justice to grant the applicant's request to retain her original promotion of 1 September 2000, with entitlement to all back pay and allowances from that date.

BOARD VOTE:

mvt_____  lf     _____  rvo_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that she was promoted to the pay grade of E-7 effective 1 September 2000, with a DOR of 1 September 2000, with entitlement to all pay and allowances from that date. 

		___Raymond V. O’Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2004100824	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040224	
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.  315	131.0500/DOR	
2.		
3.		
4.		
5.		
6.