PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 June 2002                   
	DOCKET NUMBER:   AR2001065239

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O'Shaughnessy		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, in effect, requests correction of his records to show that his staff sergeant date of rank (DOR) is 1 May 1997.

3.  The applicant states, in effect, that in accordance with Army Regulation 600-8-19 the Army physical fitness test (APFT) score that was in his promotion packet, was incorrect.  In July 1992, he was granted a permanent profile, which precludes him from taking the run event of the APFT.  Instead of running he rides a bike.  His bike score was mistakenly entered as a running score.  If the bike score had been correctly converted he would have had 733 promotion points; the mistake caused his promotion points to be entered as 728.  In March 1997, the promotion cutoff score for his military occupational specialty was 729, but he was not promoted because his records incorrectly reflected that he had 728 not 733 promotion points.  He has tried over a long period of time, without success, to have this error corrected.

4.  The applicant’s military records show that he has served continuously in the Regular Army since his enlistment on 19 January 1979.  He is currently a staff sergeant, on active duty, holding military occupational specialty 88H3.

5.  On 31 July 1992, the applicant received an approved permanent profile, which indicates that he will take the bicycle event instead of the run event for the APFT.

6.  An APFT scorecard reflects that on 15 November 1995, the applicant received a score of 61 points for a run time of 17:49.  It is noted that on previous APFT scorecards the run score block is left empty and the bike score information is entered in the Alternate Event area of the scorecard.

7.  A 13 March 1996 Promotion Point Worksheet reflects the applicant received 61 points for the run event.  The applicant's overall APFT score of 234 was converted to a promotion score of 70 points, and a total promotion score of 728 points.

8.  The applicant was promoted to staff sergeant in MOS 88H3, effective 1 December 1997.

9.  In the processing of this case, an advisory opinion was obtained from the U.S. Total Army Personnel Command (PERSCOM).  PERSCOM advised that their review of the applicant's record revealed that based on his permanent profile, he was required to take an alternate event for the 2-mile run.  Additionally, the 

applicant's APFT score for the alternate run event should have been an average of the other two APFT events.  The applicant's APFT score should have been 259 instead of 234.  This adjustment resulted in an increase of five promotion points.  Based on the adjustment, the applicant's promotion score exceeded the 1 May 1997, cutoff score for military occupations specifically, 88H3.  Therefore, the applicant's date of rank and effective date should be 1 May 1997.  PERSCOM recommended that the applicant's request for date of rank and effective date adjustment from 1 December 1997 to 1 May 1997, be approved.  The opinion was made available to the applicant for his response, however none has been received.

10.  Army Regulation 600-8-19 provides that the Army physical fitness test (sit-ups, push-ups, and 2-mile run) must be done according to applicable regulations and field manuals.  To qualify for promotion points, a soldier must attain a minimum score of 60 points on each event.  Those soldiers with permanent physical profiles for the sit-up and/or push-ups events will be granted 60 points for each event waived and use the actual score for each event taken and must qualify on the 2-mile run or an approved alternate test according to Field Manual 21-20.

CONCLUSIONS:

1.  The applicant's contention that his APFT bike score was incorrectly entered as a run score which lowered his total promotion point score, which resulted in his not meeting the 1 May 97 promotion cutoff score to staff sergeant, is supported by his records and the PERSCOM advisory opinion.  The Board has determined that the applicant is entitled to have his staff sergeant DOR and effective date corrected to 1 May 1997.

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:

	a.  showing that the individual concerned was promoted to the grade of staff sergeant with a DOR and effective date of 1 May 1997;

	b.  paying to him any monies that may be due as a result of this correction; and

	c.  making his records available to a Standby Advisory Board for promotion consideration to the grade of sergeant first class.

BOARD VOTE:  

___sk___  ___jtm___  ___teo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Stanley Kelley_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065239	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020606	
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.	131.05	
2.		
3.		
4.		
5.		
6.