Marginal 1059 w/ underlying condition


I am looking for help on this matter. I have spent many hours tearing through every regulation I can think of but have not been able to find anything. Read below and please let me know if you know of anything relating to this issue.

In December, just before I was diagnosed with moderate sleep apnea. This process started about six months prior as a direct result of me seeing my doctor about a slow, constant gaining of weight even with a very strict diet and exercise program. At this time I had not yet busted tape. The week after I received my diagnosis, I was informed I would be attending ALC in early January. My company went through the entire checklist, including height and weight and I was good to go (1% under). Still my company decided to get the memorandum from my doctor (Fig 3-1 from AR 600-9) to cover me because I was so close to tape and had not yet started treatment. I received my CPAP a couple of days before flying out to ALC.

Fast forward two weeks and I arrive at ALC and guess what? 1% over. I provided the memorandum from my doctor to the NCOA and was informed three weeks later that they would not consider it in regards to my 1059 (ergo, I will receive a marginal). When I asked about why this was, I was informed that the cadre had been unable to find anything in AR600-9 to support an exemption for this policy. During my own research, I have found several other NCOA's which *have* included an exemption in cases like mine. When I have contacted those NCOA's, the cadre I have talked to have informed me that it has been in place for a couple of years now and none of them know when or why the policy was originally put in place.

After bringing this up to the cadre, it was kicked around for another week and now I'm told they are still not going to make an exception because their is no permanent profile on my record for sleep apnea (the next available appointment with my PCM, where I would have received my profile, would have been mid February).

Basically, that's the story. Here is the list of regs I've gone through:

(the sentence where they identify underlying medical conditions implies a temporary exemption but that is not accepted as a valid argument because it does not explicitly say there is an exemption)

AR 600-8-2
DODI 1038.3
AR 40-501
AR 350-1
TRADOC 350-10
TRADOC 350-18
AR 623-3
DA PAM 623-3

So, is there anything at all that I have missed or am I just going to have to appeal the eval and hope that DAHQ sees things differently?

Thanks for your help.


Just throwing this out there. I have been under treatment now for about a month and have lost 12 pounds. Diet and exercise program are unchanged from before I started treatment.
Original Post
Wow they are not giving you time during ALC to lose the weight? We had a few guys bust tape on day 1 and they were required to tape every week or so...then on the last week they had a final tape which everyone passed. Sorry i do not have any regulation or policy to help you out
Got a marginal 1059 due to PT test failure. I would have been distinguished honor grad.

Not making any excuses, but I was injured (pulled hamstring) and did not say anything because someone was sent home the same day for the same injury. I thought I could just tough it out. Big mistake! That was 5 years ago, and I still havent made SFC list.

I feel stuck. I cant go to SLC without getting promoted, but I cant get promoted if they see a marginal at my last ncoes.

marginal 1059 is a big deal (wish I knew that back then). Apparently its worse than a dui, because a soldier with similar stats got promoted with his dui.
Wish I knew what to do, as I have 11 yrs in and planned on staying in forever. I dont want to be stuck at e6. I have been e6 for 6yrs.

Add Reply

Likes (0)