RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 June 2005
      DOCKET NUMBER:  AR20040005421


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Ms. Karen Y. Fletcher             |     |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 that a memorandum pertaining to her declination
of a conditional promotion to Sergeant First Class (SFC/E-7) be removed
from the restricted portion of her Official Military Personnel Records
(OMPF).

2.  The applicant states that she declined a conditional promotion to SFC
in 2001.  She further states that, as a result, a memorandum concerning
this action was filed in the restricted portion of her OMPF.

3.  The applicant contends that this memorandum is the reason she has not
been promoted to SFC and should be expunged from her records because it
could potentially damage her career.

4.  The applicant provides no documents in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 2 September 1986 and has
served continuously on active duty since that time.

2.  She was promoted to Staff Sergeant (SSG/E-6) with a date of rank of 1
May 1997.

3.  The applicant was selected for conditional promotion to SFC by the
August 2001 Department of the Army Sergeant First Class Selection Board.

4.  In September 2001, the applicant declined promotion to SFC.  The actual
memorandum submitted by the applicant requesting her removal from the SFC
promotion list is not in the available records and not provided by the
applicant.

5.  On 24 September 2001, the Chief, Enlisted Promotions, Promotions
Branch, US Total Army Personnel Command (PERSCOM) approved the applicant's
declination of promotion to SFC.  The memorandum stated that the applicant
was considered and selected for promotion by the 23 August 2001 SFC
promotion board.  The memorandum further stated that based on the
applicant's declination of promotion and mandatory reclassification, her
name was administratively removed from the promotion list.

6.  Army Regulation 600-8-19 governs the enlisted promotions and reductions
function of the military personnel system.  Paragraph 1-24b states that a
Soldier may submit a memorandum of declination any time after being
recommended for promotion.  If the Soldier has been promoted, the
declination memorandum will be sent through command channels to the PSB not
later than 30 days after the effective date of promotion.

7.  Paragraph 1-24f of Army Regulation 600-8-19 states that once the
declination for promotion is received by the promotion authority, the
declination is irrevocable and the effective date will be the date the
Soldier signed the declination of promotion.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) sets forth the policies, operating tasks and steps for governing
the OMPF; the Military Personnel Records Jacket; the Career Management
Individual File; Army Personnel Qualification Records; and Military
Personnel Information Management as a work category.  Paragraph 2-4 of this
regulation states that once a document is placed in the OMPF 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 ABCMR; the Department of
the Army Suitability Evaluation Board; Army Appeals Board; Chief of Appeals
and Corrections Branch of the Total Army Personnel Command (currently known
as U.S. Army Human Resources Command-HRC); the OMPF custodian when
documents have been improperly filed, HRC (formerly Total Army Personnel
Command (TAPC-PDO-PO) as an exception; Chief of the Appeals Branch of the
Army Reserve Personnel Center; and Chief of the Appeals Branch of the
National Guard Personnel Center.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that a memorandum pertaining to her declination
of a conditional promotion to SFC should be removed from the restricted
portion of her Official Military Personnel Records (OMPF).

2.  The evidence of record shows that the applicant was conditionally
promoted to SFC by the 2001 Department of the Army SFC Selection Board.
Thereafter, she submitted a memorandum declining the promotion to SFC.
Subsequently, PERSCOM issued a memorandum to revoke the applicant's
promotion to SFC which was effective on 24 September 2001.

3.  There is no evidence, and the applicant has provided no evidence, which
shows that the 24 September 2001 memorandum was used against her for
promotion purposes.  The restricted portion of the applicant's OMPF would
not normally be provided to an E-7 or E-8 selection board and so should not
affect her chances for the next two promotions.

4.  The Board finds no compelling evidence to support removal of the
memorandum from the applicant's restricted microfiche.

5.  The applicant has failed to show through the evidence submitted with
her application or the evidence of record that an error or injustice exists
in her case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __klw___  __kyf___  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.




                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005421                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050507                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |134.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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