PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:  12 December 2002
	DOCKET NUMBER:  AR2001065963

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Bernard P. Ingold		Member	
	Ms. Karen Y. Fletcher		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, in effect, that he be reinstated to the rank of Sergeant First Class (SFC) and rescheduled for attendance to Advanced Noncommissioned Officer Course (ANCOC), Phase I and II.

3.  The applicant states that he completed Phase I of ANCOC on 23 April 1995; however, his unit administrator (UA) failed to schedule him for Phase II of ANCOC.  He attended Phase I again and failed a written examination.  He is now requesting that he be rescheduled to attend ANCOC and complete Phase I and II with restoration of his rank of SFC or be scheduled to attend only Phase II of ANCOC.  In support of his application, he submits three DA Forms 1059 (Service School Academic Evaluation Report) and two Noncommissioned Officer Evaluation Reports (NCOERs).

4.  The applicant's military records show he enlisted and entered active duty (AD) on 20 April 1982.  He was released from AD on 19 March 1986.  He was assigned to a troop program unit (TPU) on 21 March 1986, where he continued to serve.  He is currently serving in the Army Guard/Reserve (AGR) program with the 424th Maintenance Company, as a maintenance control NCO. 

5.  He was promoted to staff sergeant (SSG/E-6) effective 1 December 1990, with a date of rank (DOR) of 28 November 1990.

6.  The applicant's DA Form 1059, dated 23 April 1995, shows that he attended ANCOC, Phase I, class number 95-001, during the period of 3 December 1994 to 23 April 1995, and achieved course standards.  Item 16 (Comments) stated that the applicant had successfully completed ANCOC and accomplished all tasks.  It also stated that that he must complete Reserve Component (RC) – ANCOC Phase II Military Occupational Specialty (MOS) specific.

7.  The applicant was conditionally promoted to SFC/E7 effective 31 August 1999, with a DOR of 18 August 1999.

8.  On 13 October 1999, the applicant was ordered to AD in the AGR program
effective 23 November 1999, for a period of 3 years.

9.  The applicant's DA Form 1059, dated 19 December 2000, for the period 
10 to 19 February 2000, shows that he attended ANCOC Phase I, class 002-01.
Item 16 stated that the applicant was released from the course for failure to achieve course standards by failing the E403 examination and retest.  It also stated that this MOS (63H) required a Phase II for completion of the NCO Education System (NCOES) requirement, in accordance with Army Training Requirements and Resource System (ATRRS), School Code (0000), for Reserve Component 3 (RC3) configured Phase II course.
10.  On 10 July 2001, the USAR AGR Enlisted Reduction Panel convened with the responsibility to screen conditionally promoted enlisted AGR personnel. After a comprehensive review of the applicant's professional development education file, the panel determined that the applicant should be reduced in rank for failing to meet the conditions of his promotion.  The panel also stated that the applicant’s recourse for appeal was to submit a formal request by forwarding substantiating documents through his chain of command to the Full Time Support Management Directorate (FTSMD).  The applicant was reduced to the pay grade of E-6/SSG with an effective date of 18 September 2001, and a DOR of 28 November 1990.

11.  On 16 October 2001, the applicant submitted an NCOES waiver to the FTSMD.  The applicant requested an extension for 1 year from the date of promotion to the date of completing ANCOC.  He stated that he was promoted to SFC on 31 August 1999, completed ANCOC on 31 May 1995, and entered AGR status on 7 November 1999.  He was not informed until he attended AGR Entrance Training (AGRET) that he was selected as a SSG and that he had to administratively remove his SFC rank.  On 6 June 2000, the Army Reserve Personnel Command (AR-PERSCOM) amended his assignment orders to show his rank as SFC.  In October 2000, his career manager informed him that he would be attending ANCOC Phase II, 63H in November 2000.  Prior to his departure on 26 November 2000, his career manager informed him that his Phase II course was cancelled and that he would be attending ANCOC Phase I at Fort McCoy, Wisconsin on 7 December 2000.  However, he did not receive any information from Fort McCoy or his career advisor about the course, where to report, or any of the important information needed prior to attending ANCOC.  

12.  Upon arrival at Fort McCoy, he was assigned billets, which were not  
ANCOC billets and was not provided any information.  This lack of information caused a great deal of personal stress.  After attending one-week of the ANCOC, the instructor noticed that he was not in the ANCOC barracks and informed him to move to the proper barracks immediately.  The next day he was tested, and failed.  He contributes his failure to the stress in moving from one barracks to another, personal problems at home, one-week notice, and inadequate study time.  This, combined with the lack of proper information regarding ANCOC, caused him considerable mental stress and negatively impacted his academic performance.  Because of his earlier academic problems, which were directly related to stress from multiple sources, he would like to respectfully request another opportunity to attend ANCOC without being reduced in rank.  Due to his inexperience in the AGR program, he was uncertain on how to proceed with this issue.  He was unaware that he would be administratively reduced to SSG until he received notice from AR-PERSCOM. 

13.  On 1 November 2001, the commander, 424th Maintenance Company prepared a Memorandum, Subject:  Request for NCOES Waiver, to the FTSMD pertaining to the applicant.  The commander requested a waiver of one-year time requirement for completion of ANCOC following the applicant's conditional promotion with the provision that he be allowed to retain his present rank.  This request was based on the fact that the applicant experienced some academic problems that were caused by administrative issues at that facility. The applicant apparently did not receive any pre-course information for ANCOC.  Upon arrival, the applicant was assigned to a billet that was not appropriate for ANCOC students.  Approximately one week into the course, the applicant was directed to move into the ANCOC billets by an instructor at the NCO academy.  This incident occurred on the evening prior to an academic examination and interfered with his ability to properly prepare for the examination.  

14.  The applicant explained the factors, which negatively impacted his performance, and as a result he did not complete ANCOC.  The applicant was
an exceptional soldier and an asset to his unit as a member of the AGR program. In his opinion, the applicant had some personal and administrative issues that were beyond his control, which negatively impacted his performance at ANCOC. The applicant had indicated that he wanted to attend ANCOC as soon as possible, and was prepared to accept the challenge and successfully pass the course if allowed to attend.  His performance in his unit was exemplary, and the commander firmly believed that he would work hard and successfully pass ANCOC if allowed to have a second opportunity to attend the course. 

15.  In the processing of this case, the FTSMD at AR-PERSCOM provided an advisory opinion.  FTSMD recommended that the Board disapprove the applicant's request to be reinstated to the rank of SFC.  The applicant successfully completed Phase I & II of the Basic Noncommissioned Officer Course (BNCOC); however, he failed ANCOC, Phase I.  He was conditionally promoted to SFC on 31 August 1999, and accepted the promotion with full knowledge that he must enroll in, and successfully complete ANCOC.  He failed to meet the conditions of his promotion and was released from Phase I of ANCOC for academic reasons.  

16.  The applicant was provided a copy of this opinion for possible comment.
In his rebuttal the applicant stated that he nonconcurred with the advisory opinion.  He stated that his request was based on the fact that he was a USAR TPU soldier, who completed ANCOC, Phase I on 23 April 1995.  Upon completion of ANCOC, Phase I, his spouse was transferred, who was an AGR soldier.  His family relocated due to his spouse's transfer and the UA allowed him 
to drill with his new unit.  He began to work on a release from the USAR in order 

to join the National Guard; however, he received no response.  While drilling with his unit, his UA failed to advise him of any information or status changes regarding his ANCOC, Phase II.  He departed his new unit and was transferred to the 424th Maintenance Company.  At that time, his UA once again did not mention his scheduling of ANCOC, Phase II.  He was later informed by his UA that he was scheduled for ANCOC, Phase II; however, the UA neglected to advise him of this information in a timely manner.  

17.  He was later promoted, entered the AGR Program, and was scheduled for ANCOC, Phase II in Boise, Idaho, by his career manager.  He received orders one week later to attend ANCOC, Phase I at Fort McCoy, Wisconsin with only one-week notice before the reporting date.  At that time, he received no information from Fort McCoy and inquired as to why he was returning to ANCOC, Phase I, which he completed in 1995.  His career manager informed him that he was selected to repeat ANCOC, Phase I due to the fact that it had been 3 years or more since his completion of Phase I.  He was informed that waivers in excess of 3 years from completion of Phase I would be forwarded through channels in accordance with regulation.  He was unaware of the waiver requirements or the time constraints to complete Phase II, and had he been aware of the regulation, he would have completed Phase II well in advance of his 3-year requirement.

18.  He was inexperienced as an AGR soldier and was not informed of the requirement contained in the regulations and how to proceed with his issues.  While at Fort McCoy, he was ordered to move into a different barracks immediately, which occurred on the evening before the test he failed.  His personal issues and lack of proper information contributed to his failure and was beyond his control.  He should be provided the opportunity to attend ANCOC, Phase II instead of returning to Phase I again.  In conclusion, he respectfully requests the opportunity to attend ANCOC, Phase II and request a waiver of the established 3-year requirement, and reinstatement of his rank of SFC.

19.  The applicant provided two copies of his NCOERs, which shows that he has received successful ratings, recommendations for positions as Operations NCO, Maintenance NCO, and Instructor.

20.  Army Regulation 140-158 prescribes policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted soldiers 
of the US Army Reserve (USAR).  Chapter 7 governs grade reduction and restoration of USAR soldiers.  Paragraph 7-12d pertains to failure to meet conditional promotion NCOES requirements.  It states that a soldier who accepts 

a promotion with the condition that he or she must enroll in, and successfully complete, a specified NCOES course, and fails to meet those conditions, or is subsequently denied enrollment, or becomes an academic failure, or does not meet graduation requirements, or is declared a "No Show," will be reduced to the grade and rank held prior to the conditional promotion.  

21.  Paragraph 7-5 of the same regulation states that the DOR for restoration of an AGR soldier reduced in accordance with paragraph 7-12d will be the original DOR of the grade held before reduction.

22.  Chapter 8 of the same regulation pertains to promotions and NCOES.  
Paragraph 8-6 pertains to TPU soldiers in NCOES.  This paragraph prescribes selection and reenrollment procedures for soldiers assigned to TPUs and who are subject to promotion under this regulation.  Subparagraph 8-6b pertains to ANCOC enrollment on selection for promotion.  The first priority is for a soldier
who is not credited with or enrolled in ANCOC, is conditionally promoted from the selection list, and assigned to the duty position.  The second priority is to schedule course attendance for those soldiers who are not enrolled in, or credited with completion of ANCOC.

23.  Paragraph 8-7 pertains to AGR soldiers in NCOES.  Subparagraph 8-7b pertains to ANCOC enrollment on selection for promotion.  (1) First priority:  
When a soldier, who is not credited with or enrolled in ANCOC, and is conditionally promoted from the recommend list, course attendance will be scheduled as soon as possible thereafter.  Second priority:  Scheduling for course attendance will be by Order of Merit List (OML) sequence on the list within each MOS.  Subparagraph 8-7c pertains to alternate order-of-merit-listing. The Commander, Army Reserve Personnel Center (ARPERCEN), should determine the number of USAR AGR soldiers to be enrolled in ANCOC during a specified 12-month period based on the availability of training seats and funds.  ARPERCEN should then notify PERSCOM of the number of ANCOC quotas to be available for that 12-month period.

24.  Paragraph 8-19 of the same regulation pertains to conditional promotion to SGT through MSG.  It states that under promotion procedures of this regulation, a soldier may be promoted on the condition that he or she enroll in and successfully complete the course required for that grade.  If the grade requires the soldier to be a graduate of ANCOC, the soldier must be enrolled in the course within 12 months of the date of promotion and be a graduate of ANCOC within 24 months of the Phase I completion date.  An extra 12 months will be allowed for completion of each phase of ANCOC for courses with more than 
2 phases.

25.  Paragraph 8-22 pertains to NCOES course failure.  It states, in pertinent part, that when a soldier fails to complete a required NCOES course, the soldier's name will be removed from a promotion list, and if conditionally promoted, the soldier will be reduced in accordance with paragraph 7-12d.

26.  Army Regulation 351-1 provides the policy for individual military education and training.  Paragraph 5-20 pertains to ANCOC.  Subparagraph 5-20g states the ANCOC for RC NCOs is taught at US Army Reserve Forces (USARF) Schools and Army National Guard (ARNG) NCO academies (NCOAs).  
Subparagraph 5-20g pertains to prerequisites for ANCOC/RC.  State Adjutant Generals and commanders may establish prerequisites.  Candidates must:  
(1) be a member of the RC; (2) be in grade SSG or SFC, waivers will not be considered; (3) be able to demonstrate technical and tactical skills; (4) be recommended by the unit commander; (5)  meet height, weight, and physical standards.

27.  Training and Doctrine Command (TRADOC) Regulation 351-10 prescribes institutional training and education policies for all officers and NCO leader development and defines TRADOC's role in Army civilian leader development.  This regulation applies to TRADOC service schools and Active Army, USAR, and Army National Guard of the United States (ARNGUS) agencies responsible for
officer, NCO, and civilian leader training and education.  Paragraph 5-5 pertains to ANCOC.  ANCOC provides an opportunity for soldiers selected for promotion to SFC to acquire the leader, technical, and tactical skills, knowledge, and behaviors (SKB) needed to lead platoon-size units.  Training builds on experience gained in previous training and operational assignments.  Branch schools and selected Total Army School System (TASS) school battalions conduct this course in a live-in environment, where possible.  RC–ANCOC, Phase I common core, requires formal school attendance one weekend per month for six consecutive months or two weeks active duty training (ADT). 
Soldiers must start Phase II within 24 months of Phase I completion.  Requests for waiver will be forwarded through command channels for approval by the first general officer in the soldier's chain of command who may waive an additional 
12 months for cogent reasons.  Waiver requests in excess of 36 months from completion of Phase I will be forwarded through command channels to TRADOC. Soldiers will report to school with a copy of the approved waiver.

CONCLUSIONS:

1.  The evidence of record shows that the applicant attended ANCOC, Phase I from 3 December 1994 to 23 April 1995, as a SSG while assigned to a TPU. His DA Form 1059, dated 23 April 1995, shows that he achieved course standards, successfully completed ANCOC, accomplished all assigned tasks, and indicated that he must complete RC-ANCOC Phase II (MOS specific).  
2.  The applicant's family was later relocated due to his spouse's transfer, who was an AGR soldier, and his UA allowed him to drill at his new unit.  

3.  While drilling with his new unit, the applicant's UA failed to advise him of any information or the status changes regarding his ANCOC, Phase II.  The applicant 
departed his new unit and was transferred to the 424th Maintenance Company, and once again was not notified of his scheduling for ANCOC, Phase II.  The applicant was later informed by his UA that he was scheduled; however, the UA neglected to advise him of the information in a timely manner.  

4.  The applicant was scheduled for ANCOC, Phase II by his career manager, 
as an AGR soldier.  He was in receipt of orders to attend ANCOC, Phase I and with one-week notice before the reporting date.  The applicant received no information and inquired as to why he was returning to ANCOC, Phase I.  His career manager informed him that he was selected to repeat ANCOC, Phase I due to the fact that it had been 3 years or more since his completion of Phase I.  At that time, the applicant was informed that waivers in excess of 3 years or more would be forwarded through channels in accordance with regulation.

5.  The applicant returned to ANCOC, Phase I from 10 to 19 February 2001, 
and was released from the course for failure to achieve course standards and
for failing the E403 examination and retest.  While attending Phase I, he encountered great stress due to lack of information and moving from one barracks to another, which negatively impacted his academic performance.

6.  The Board believes that had the applicant been aware of the consequences which would impact his scheduling of ANCOC, Phase II, he would have taken precautions or measures to ensure that he completed Phase II in a timely matter
in accordance with regulations in effect.  

7.  The applicant stated that as an AGR soldier he was inexperienced and was uncertain on how to proceed.  He was unaware that he would be administratively reduced to SSG until he received notice from AR-PERSCOM.

8.  The Board notes that the applicant submitted an NCOES waiver to FTSMD requesting an extension for 1 year from the date of promotion to the date of completing ANCOC.  However, the applicant submitted his request two years 
after his promotion to SFC.  The Board also notes that in accordance with regulation, waiver requests are forwarded through command channels for approval by the first general officer in the soldier's command for cogent reasons and any request in excess of 36 months from completion of Phase I would be forwarded through channels to TRADOC.  

9.  In accordance with regulation, the applicant was entitled to be scheduled for completion of ANCOC, Phase II as soon as possible, within the 24 months of completion of Phase I.  However, the applicant never completed Phase II within the time required due to no apparent fault of his own.

10.  Therefore, based on the foregoing, the applicant should be rescheduled for attendance at the next available ANCOC, Phase I and II, in his MOS and grade.
He should also be reinstated to the rank of SFC/E7 with a DOR of 18 August 1999, and effective date of 31 August 1999, the date of his initial promotion,  upon successful completion of ANCOC, and entitled to all back pay and allowances.

11.  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 for the individual concerned be corrected:

a.  by rescheduling the applicant for attendance at the next available ANCOC, Phase I and II, for his MOS and grade.

b.  by reinstating him to the rank of SFC/E7 with a DOR of 18 August 1999 and an effective date of 31 August 1999, the date of his initial promotion, upon  successful completion of ANCOC, Phase l and II; and 

c.  by showing that he is entitled to all back pay and allowances.

BOARD VOTE:  

__ra___  __bi___  __kf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Roger W. Able___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065963	
SUFFIX		
RECON		
DATE BOARDED	20021212	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  322		
2.		
3.		
4.		
5.		
6.