PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 December 2002
	DOCKET NUMBER:   AR2002075619

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Harry B. Oberg		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 reinstatement to the pay grade of E-7.

3.  The applicant states, in effect, that she was unjustly reduced from the pay grade of E-7 because she did not attend the advanced noncommissioned officer course (ANCOC).  However, despite her attempts to attend the course and after informing her chain of command many times that she needed to attend the course, she was not afforded the opportunity.  She further states that she was scheduled at least three times to attend the ANCOC, however, she did not receive orders and the Full Time Support Management Division (FTSMD) cancelled her seat.  She also states that she was scheduled to attend the ANCOC when she was administratively reduced and her orders were revoked.  She continues by stating that she has attended courses since she was promoted to the pay grade of E-7 and has always sought out the courses that she needed, but was reduced through no fault of her own.  In support of her application she submits documents showing the attempts she and her chain of command made in the matter as well as copies of her records showing her performance and achievements.

4.  The applicant’s military records show that she enlisted in the United States Army Reserve (USAR) on 26 July 1985 and has continued to serve through a series of continuous reenlistments.  She entered active duty in the Active Guard/Reserve (AGR) Program 18 June 1989 and has remained in that program. She was promoted to the pay grade of E-6 on 1 December 1994.

5.  On 1 December 1998, she was conditionally promoted to the pay grade of    E-7.  Her orders specified that soldiers accepting a conditional promotion and who are subsequently denied enrollment, declared a “No Show”, become academic failures or otherwise does not meet graduation requirements, will be reduced to the grade and rank held prior to accepting the conditional promotion. 

6.  On 7 October 1999, the applicant submitted a request for a waiver to retain her rank.  She indicated that she had enrolled on two previous occasions and in both cases, her seat was cancelled by the FTSMD.  She further indicated that she met all qualifications to attend the ANCOC and that she had not done so through no fault of her own.

7.  The applicant attended the Army Recruiter Course during the period of 31 October to 9 December 1999.  She successfully completed the course and was reassigned to a recruiting station in Wisconsin.

8.  On 12 December 2001, an AGR, Enlisted Reduction Panel convened to screen conditionally promoted enlisted AGR personnel.  The panel determined that the applicant should be reduced in rank for failing to meet the conditions of her promotion.  She was reduced to the pay grade of E-6 on 19 February 2002 and was advised that she could appeal the decision through her chain of command or directly to the Board. 

9.  The applicant submitted her appeal through the chain of command and the chain of command strongly supported her request by explaining that she had not been afforded a fair opportunity to attend the ANCOC and that her failure to attend the course was through no fault of her own.  The chain of command also noted that the reduction action was taken without any knowledge by the chain of command, which precluded the command from having an opportunity to provide insight and support of the applicant’s request to retain her rank.  The chain of command also confirmed that the applicant was in receipt of orders to attend the ANCOC on 25 February 2002, when the reduction action occurred.  

10.  Army Regulation 140-158 provides the procedures for promotion and reduction of USAR enlisted personnel.  Paragraph 7-12d, provides, in pertinent part, that enlisted personnel who accept a conditional promotion and fail to enroll, attend and complete the required course of instruction, will be reduced back to the rank and grade they held before accepting the conditional promotion.

CONCLUSIONS:

1.  Notwithstanding the determination made by the USAR AGR Enlisted Reduction Panel, that the applicant failed to meet the conditions of her conditional promotion, the Board finds that such was not the case.

2.  The chain of command confirms that the applicant did enroll and was scheduled twice for attendance at the ANCOC.  However, the FTSMD, the same office that conducted the reduction action, cancelled both of those seats.  Additionally, at the time the FTSMD was conducting a reduction board, the applicant had a seat scheduled for ANCOC, with orders in her hands.  This alone indicates that she was in compliance with the spirit of her conditional promotion.

3.  Furthermore, the applicant attended a recruiter course and successfully completed the course during a time when she should have been afforded the opportunity to attend the ANCOC.  

4.  Therefore, the Board finds that once she enrolled in the ANCOC, was given a seat (class date), and had it cancelled by the FTSMD, the responsibility to get her enrolled, shifted to the FTSMD.  At that point, until she failed to complete the ANCOC by being declared a “no show”, was denied enrollment, or failed to complete the course for any reason, her promotion was still valid.

5.  Accordingly, the Board finds that the applicant did everything reasonably expected of a soldier under the circumstances, and that her promotion should be reinstated immediately, to her original date of promotion, with entitlement to all back pay and allowances, and that she be scheduled for the next available ANCOC class through coordination with her chain of command.

6.  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 reinstating the individual concerned to the pay grade of E-7, with entitlement to all back pay and allowances and that she be scheduled for attendance at the next available ANCOC, in coordination with her chain of command. 

BOARD VOTE:  

__hbo___  ___sk___  __rvo  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2002075619	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/12/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  327	133.0500/ADM RED	
2.		
3.		
4.		
5.		
6.