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ARMY | BCMR | CY2004 | 20040000105C070208
Original file (20040000105C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 January 2005
      DOCKET NUMBER:  AR20040000105


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Walter T. Morrison            |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Jeanette R. McCants           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests removal of a 7 October 1999 memorandum showing
that he was administratively removed from a sergeant first class (E-7)
promotion list because he elected not to be reclassified as a recruiter.

2.  The applicant states that, while on recruiting duty he was selected for
promotion as a recruiter.  He had only 9 years service at that time and did
not care to be a career recruiter.  He elected not to accept
reclassification and his name was administratively removed from the
promotion list.  The memorandum reflecting this incident is located on his
restricted fiche of his Official Military Personnel File (OMPF).  That
document might be interpreted as being derogatory by a promotion board.  He
believes that it should be removed.

3.  The applicant provides a copy of the 7 October 1999 memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a career noncommissioned officer (NCO), was a staff
sergeant serving on recruiting duty in 1999 when he was selected for
promotion to sergeant first class as a recruiter.  He declined this
promotion because he did not wish to become a career recruiter and his name
was removed from the promotion list.

2.  The 7 October 1999 memorandum, which states in pertinent part, "based
on your declination of 79R reclassification, your name has been
administratively removed from the list."  It is filed on the restricted
portion of his OMPF.  There are no associated documents filed anywhere in
the applicants record.

3.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) sets forth the policy for the maintenance of personnel
records.  Table 2-1 lists the composition of the OMPF and specifies that
declination of promotion statements are to be filed in the general
administrative data section on the service fiche.  Documents that reflect
approved removal from promotion lists are to be filed in the restricted
portion along with all associated documents.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no associated documents filed in the OMPF the
subject document is sufficiently clear, in and of itself, to accurately
reflect what happened in this case.

2.  The subject document is properly filed in accordance with the governing
regulation.

 3.  The applicant has provided no evidence or convincing argument to show
that the subject document could or would be interpreted as being unduly
prejudicial.  Indeed, a record of what happened in this instance is
conceivably less prejudicial than no evidence relating to the promotion
history of a career NCO who might normally be expected to be serving in a
higher rank.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wtm___  _ecp____  __jrm____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _     Walter T. Morrison____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000105                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050113                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |123.00                                  |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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