PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 March 2000                  
	DOCKET NUMBER:   AR1999031180

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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 the removal from his records of a DA memorandum that removed him from the 1994 SFC promotion list.

3.  The applicant states that when he initially attended the advanced non-commissioned officer course (ANCOC) he failed the entrance army physical fitness test (APFT) and was released from the course.  He appealed the conduct of the APFT, won the appeal, retook and passed the APFT, re-entered and graduated from the ANCOC and was promoted to SFC.  He believes the presence of the memorandum may hinder his career in the future.  In support of his request, he has furnished a copy of the U.S. Army Total Army Personnel Command favorable decision on his appeal for ANCOC reinstatement, a copy of the Academic Evaluation Report verifying his completion of ANCOC, and a copy of the order that promoted him to SFC.

4.  In the processing of this case the Board found it necessary to seek a staff advisory opinion.  That opinion was provided to the applicant for comment.  He did not respond.  The opinion recommended that the soldier’s record be corrected by removing the memorandum dated 7 October 1996 which removed his name from the promotion list.

CONCLUSIONS:

1.  The applicant successfully appealed the conduct of the APFT, which led to his removal from the ANCOC and removal from the SFC promotion list.  After winning the appeal, he re-took and passed the APFT, re-entered and graduated from the ANCOC and currently serves as a SFC.  The evidence submitted supports the applicant’s request.

2.  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 removing the Department of the Army Memorandum, Administrative Removal from the Promotion Selection List, 7 October 1996 from his official files.

BOARD VOTE:  

__jh___ _  ___tdh __  _    _____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__cjs____  ________  ________  DENY APPLICATION

		_______June Hajjar   _____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031180	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000309	
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.	131.02	
2.		
3.		
4.		
5.		
6.