PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 August 2002                   
	DOCKET NUMBER:   AR2001064826

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 two DA Forms 1059 (Service School Academic Evaluation Report), dated 8 December 2000 and 3 January 2001, be removed from his Official Military Personnel File (OMPF), and that the reason for his dismissal from Advanced Non-Commissioned Officer Course (ANCOC) be changed from "Failed to Achieve Course Standards" to "Disenrollment for Medical Injury."

3.  The applicant states, in effect, that when he reported to Signal Support Systems Supervisor ANCOC at Fort Gordon, Georgia, in November 2000, he had a "knee problem" that precluded him from completing the 2-mile run portion of his Army Physical Fitness Test (APFT).  After each attempt at the 2-mile run, his right leg swelled up behind the knee and he experienced pain.  Following his third APFT failure, he was eliminated from ANCOC in accordance with paragraph 5-30a(4)c, Army Regulation 351-1 (Individual Military Education and Training), by reason of failure to maintain standards.  Subsequent to his elimination from ANCOC, the applicant was diagnosed as having a right knee Baker's Cyst, right knee median nerve neuropathy, and right knee degenerative medial meniscus tear.  He was given a permanent physical profile against running, marching, and pushups, and was limited to taking the alternate APFT.

4.  The applicant’s military records show that he is currently on active duty at Fort Hood, Texas, serving in the rank of Staff Sergeant (SSG/E-6).  He was promoted to Sergeant First Class (SFC/E-7) on 1 August 2000 contingent upon his completion of ANCOC.

5.  The applicant attended ANCOC (Class 31U002-01) at Fort Gordon commencing 8 November 2000.  During his initial APFT on 8 November 2000, he failed the 2-mile run event.  He was retested on 17 November 2000 and again on 7 December 2000.  On both occasions, he failed the 2-mile run event.  On 8 December 2000, he was eliminated from the course.  He appealed his elimination citing how his right leg would swell after each APFT.  On an unknown date, the appellate authority disapproved the applicant's appeal and directed his elimination from the course.

6.  The applicant returned to Fort Hood and was evaluated for right knee pain at the Orthopedic Clinic, Darnall Army Community Hospital.  An orthopedic surgeon diagnosed the applicant as having a Baker's Cyst behind the right knee, and also median nerve neuropathy and a right knee degenerative medial meniscus tear.  He was given a permanent physical profile against forced running, forced marching, pushups and lifting of more than 20 pounds with his left arm.

7.  On 1 February 2001, the applicant's conditional promotion to SFC was revoked and he reverted to the rank of SSG.

8.  Army Regulation 351-1 describes the US Army School System and establishes general provisions for military education and individual training, including ANCOC.  It states, in pertinent part, that students who fail the APFT will be eliminated from training.  It also provides for disenrollment without prejudice for illness, injury, compassionate transfer, or other reasons beyond the control of the student.  It also states that the school will provide a written statement to the soldier’s unit, stating the reason for termination, and the soldier will be eligible for reenrollment as soon as convenient.

CONCLUSIONS:

1.  The applicant failed the APFT 2-mile run event on three occasions and was eliminated from ANCOC, and given the subject DA Forms 1059.  His elimination was specifically for failing the APFT.  His elimination resulted in the revocation of his conditional promotion to the rank of SFC; he reverted to the rank of SSG on 1 February 2001.

2.  The applicant had a medical condition that precluded his successful completion of the APFT.  This condition was diagnosed immediately upon the applicant's return to his duty station.  He was given a permanent profile against running and permitted to take the alternate APFT.

3.  The applicant's elimination from ANCOC as an APFT failure was unjust.  He should have been disenrolled for medical reasons and afforded an opportunity to re-enroll in ANCOC when his medical condition resolved.  He also should have remained an SFC during this interim period.

4.  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 subject DA Forms 1059 from the OMPF of the individual concerned, reinstating him to the rank of SFC with all due back pay and allowances, and rescheduling his attendance at ANCOC as expeditiously as possible.

BOARD VOTE:  

__jhl___  __rvo___  __bjl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064826	
SUFFIX		
RECON		
DATE BOARDED	20020822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	206	
2.		
3.		
4.		
5.		
6.