| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Ms. Shirley L. Powell | Member |
2. The applicant requests, in effect, that the Memorandum, dated 6 June 2002, from the U.S. Total Army Personnel Command (PERSCOM) be removed from his Restricted Fiche of his Official Military Personnel File (OMPF).
3. The applicant states, in effect, that the Memorandum, dated 6 June 2002, which contains the words "declination of continue service", was placed on his OMPF in error. He also states that at no time did he ever decline to remain in the Army or ever sign a DA Form 4991-R (Declination of Continued Service Statement) to that effect.
4. The applicant’s military records show he enlisted on 28 August 1986. He continues to serve on active duty in the rank of SFC. He was promoted to SFC/E-7 effective 1 February 1998.
5. A review of the applicant’s Restricted Fiche shows the PERSCOM Memorandum, Subject: Administrative Removal from the Promotion Selection List, dated 6 June 2002. The memorandum indicates that the applicant was considered and selected for promotion; however, based on his "declination of continued service", his name was administratively removed from the list.
6. PERSCOM, Enlisted Promotions Branch, provided this agency with a copy of a Memorandum, Subject: Declination of Master Sergeant Promotion, dated 15 May 2002, which was prepared by the applicant. The applicant requested that he be removed from the Master Sergeant Calendar Year (CY) 02 List based on personal reasons.
7. PERSCOM also provided a copy of a Memorandum, Subject: Administrative Removal from the Promotion Selection List, dated 6 June 2002. This memorandum stated that the applicant was considered and selected for promotion. Based on his "declination of promotion" his name was administratively removed from the list.
8. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket (MPRJ), the Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation. Table 2 of the regulation pertains to the composition of the OMPF. It states that documents approving removal from a HQDA Promotion List with allied documents would be filed on the restricted (R) fiche of the OMPF.
CONCLUSIONS:
1. The evidence of record clearly shows that the applicant requested removal from the Master Sergeant CY 02 list due to personal reasons. PERSCOM acknowledged his request and responded on 6 June 2002. A memorandum was prepared that stated he was considered and selected; however, based on his "declination of continued service", his name was removed. On that same day, a second memorandum was prepared which changed the wording of "declination of continued service" to "declination of promotion."
2. After a review of the memorandums, the Board notes that the wrong memorandum was placed on the restricted portion of the applicant's OMPF. Therefore, the Board recommends that the Memorandum, dated 6 June 2002, which contains the words "declination of continued service" be expunged from the applicant's Restricted Fiche of his OMPF. The Board now recommends that the Memorandum, dated 6 June 2002, which contains the words "declination of promotion" and the Memorandum dated 15 May 2002 be placed on his Restricted Fiche of his OMPF.
3. 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 expunging the Memorandum, dated 6 June 2002, from his Restricted Fiche of his OMPF, which indicated the words "declination of continued service";
b. by placing the Memorandum, dated 6 June 2002, on his Restricted Fiche of his OMPF, which indicated the words "declination of promotion"; and
c. by placing the Memorandum, dated 15 May 2002, which was prepared by the applicant, on his Restricted Fiche of his OMPF.
BOARD VOTE:
_TSK___ _SLP___ _SAC____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Samuel A. Crumpler
______________________
CHAIRPERSON
| CASE ID | AR2002081600 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030311 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | ACTIVE DUTY |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 267 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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