PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:              31 March 1999                   
	DOCKET NUMBER:     AR 1999015947

	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. Loren G. Harrell		Director	
	Mr. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kerr		Member	
	Mr. Walter T. Morrison		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 that his military records be corrected to show that he was retired in pay grade E-7(SFC), vice E-6 (SSG); and that pay that was garnished because of his E-7 conditional promotion be returned to him.  He states, in effect, that his promotion to pay grade E-7 was contingent upon his graduation from the Advanced Noncommissioned Officers Course (ANCOC); that he was precluded from attending ANCOC because of a medical condition; that it was his intent to attend ANCOC at the earliest opportunity before reaching his retention control point; and that 2 years elapsed with no resolution on the status of his promotion or an alternate date to attend ANCOC.

3.  The applicant entered active duty on 6 April 1976.  He served as an indirect fire infantryman and attained pay grade E-6 on 1 August 1989.

4.  On 23 December 1995, following a cervical discectomy, he was issued a temporary Physical Profile, DA Form 3349, with a numerical designator 3 in the 
U factor of his physical profile series (PULHES) and assignment limitations of no airborne operations, no riding in tactical vehicles, and no sitting for more than 
15 minutes.

5.  Total Personnel Army Command (PERSCOM) Orders No 21-32, dated 
21 January 1996 show that the applicant was promoted to pay grade 
E-7 effective 1 February 1996.  The Special Instructions portion of the orders shows "SSG promoted to SFC who do not have ANCOC credit are promoted conditionally.  Those soldiers who receive a conditional promotion will have their orders revoked and their names removed from the centralized list if they fail to meet the ANCOC requirement."

6.  A Physical Profile form dated 3 May 1996 shows that the temporary profile serial was continued until 1 September 1996.  Assignment limitations specifically prohibited physical training or participation in the Army Physical Fitness Test (APFT).

7.  On 12 November 1996 the profile serial and assignment limitations were continued until 12 February 1997.

8.  On 4 June 1997 he was issued a permanent Physical Profile showing a numerical designator 2 in the U factor with assignment limitations of No APFT, forced marching, mandatory running, sit-ups, lifting more than 20 pounds, and no airborne operations.

9.  Orders 218-0252, XVIII Airborne Corps and Fort Bragg, dated 6 August 
1997 show that he was assigned to the transition center effective 30 April 1998 in pay grade E-7.

10.  On 30 April 1998, with 22 years and 25 days total active service, he was retired by reason of sufficient service for retirement.  His separation document, DD Form 214, shows his grade as SFC.

11.  A memorandum addressed to this Board and signed by the applicant's battalion sergeant major (SGM) shows that the applicant was scheduled to attend the ANCOC in January 1996; that because of medical problems he did not attend at that time; that he, the battalion SGM, was advised by PERSCOM officials to notify them when the applicant would be ready to attend the ANCOC; that the applicant's medical problems worsened and he was unable to attend.

12.  A memorandum for record dated 4 May 1998 and signed by the applicant indicates that he was informed that $2,400.00 would be deducted from his 
30 April 1998 end of month pay based on his reduction from pay grade E-7 to pay grade E-6.

13.  Army Regulation 600-8-19 (interim change 01, 8 Apr 94), paragraph
4-7, provides that effective 1 Oct 93, SSG must be graduate of the ANCOC prior to promotion; that conditional promotions are authorized; that conditional promotions to SFC are contingent upon the successful completion of the ANCOC; that soldiers who receive a conditional promotion will have their orders revoked and their names removed from the centralized list if they fail to complete the ANCOC requirement; and that soldiers who fail to complete the required course for bonafide medical or compassionate reasons will not have their promotions revoked.  However, these promotions remain conditional until completion of the required course.

CONCLUSIONS:

1.  Promotion to pay grade E-7 requires that an individual complete the ANCOC. The applicant did not attend or complete the ANCOC; therefore, his promotion to SFC was properly revoked.

2.  The applicant's 30 April 1998 separation document, DD Form 
214, erroneously reflects that he was retired in the grade of SFC.  Since his promotion to that grade was revoked, it should be corrected to reflect his grade as SSG.

3.  Although the applicant's pay and allowances for the grade of SFC were properly recouped, the reason the applicant did not attend ANCOC was because of a medical condition which increased in severity and prohibited his attendance. Accordingly, the recoupment of pay and allowances, totaling $2,400.00, which was due to no fault of his own, constitutes an injustice.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by voiding the action by which the amount of $2,400.00 was recouped from the individual concerned; 

b.  by returning to him the amount of $2,400.00; and

c.  by issuing him a correction to his 30 April 1998 DD Form 214 showing that he was retired in the grade of SSG.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

CWB____  JHK____  WTM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-08270/1999015947	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 March 31	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	128.14	
3.		
4.		
5.		
6.